RENCY MATHEW Vs. BHARATH KUMAR

JUDGEMENT

(1.) Sri. Muniswamy Gowda S.G., learned counsel has appeared for the appellant through Video Conference. There is no representation on behalf of the respondent although he was served on 18.1.2016.

(2.) The appellant is the wife, who has filed this appeal, assailing the judgment and decree dated 18.11.2014 in O.S.No.33/2014 passed by the IV Additional Principal Judge, Family Court, Bengaluru. By the said judgment and decree the suit filed by her for declaration of her marriage solemnized with the respondent on 12.12.2005 as void, was dismissed. Hence, this appeal.

(3.) Succinctly stated, facts of the case are that appellant and respondent were married in terms of Hindu customs and rites on 12.12.2005 at Balaji Samudhaya Bhavan, Subramanyanagar, Bangalore. Admittedly, appellant is a Christian by faith, while respondent is a Hindu. Nevertheless, their marriage was solemnized as per Hindu rites and customs. However, thereafter the said marriage was registered under Chapter-III of the Special Marriage Act, 1954 (hereinafter referred to as 'Act' for the sake of convenience). It appears that the parties lived together for some time at Bengaluru. Thereafter several differences arose between them and there were constant quarrels between them. As a result, appellant left the matrimonial home in January 2013. Subsequently, she contacted an advocate for seeking divorce, who advised her that the marriage between herself and respondent herein was per se a void, as there cannot be a valid marriage between a Hindu and Christian under the provisions of the Hindu Marriage Act, 1955. Hence, she filed the suit seeking for a declaration that her marriage with the respondent/defendant was void. Her prayer in the suit is extracted as under: