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2000 Supreme(Online)(Ker) 1061

KERALA HIGH COURT
T. M. Hassan Pillai, J.
Jose Chacko v. Elsamma


1The arranged marriage of the petitioner with the first respondent, which is alleged to have solemnised in accordance with the religious rites and ceremonies prevailing in Christian community on 11th September 1997 at St. Mary's Church, Mulakkulam, is sought to be declared null and void by the petitioner under S.19 of the Indian Divorce Act, 1869 (for short 'the Act') on the ground of playing fraud on him in obtaining his consent to marriage with the respondent. It is the common case that the parties are Christians governed by the provisions of the Act in the matter of dissolution of marriage, etc. Suppression of material fact alleged by the petitioner husband for getting broken the matrimonial bond is that the first respondent wife suffered mental illness right from the year 1993 and that fact was suppressed fraudulently from him by the first respondent and her near relatives. His consent for marriage was obtained concealing that fact from him. Non disclosure of the fact of her having intimacy with the corespondent before marriage is also projected as a ground for declaring the marriage null and void. Adultery with the corespondent during the subsistence of the marriage is also


























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