NEELAWWA Vs. MARUTI

JUDGEMENT

(1.) This appeal is by the wife, challenging the judgment and decree passed by the Senior Civil Judge, Mudhol, declaring that the marriage solemnized between her and the respondent on 21.04.2007 is a nullity.

(2.) For the purpose of convenience, the parties are referred to as per their original rank before the trial Court.

(3.) The petitioner-husband filed a petition under Section 12(1)(d) of the Hindu Marriage Act, seeking for a decree of nullity of his marriage with respondent-wife Smt. Neelawwa, claiming that the marriage was solemnized on 21.04.2007 according to the rites and rituals of their community at Dhavaleshwar. After the marriage, the respondent came to his house for leading married life; and he was residing with his parents in the joint family. The respondent did not allow the marriage to consummate and started to drag on the days by giving one or the other reason, that she does not like him and her parents have forcibly married her to him. As such there was no co-habitation between them, they lived in his house only for 15 days. The respondent left the house without informing him or his parents and started residing in her parental house at Hunashyal Village, Gokak Taluk. He had been to the house of the respondent along with the elders of the village and tried to convince her to lead married life with him and the respondent assured that she would come back after a month, but did not. Again one more attempt was made to bring her back. At that stage, the parents of the respondent did not allow him to meet her. Again on 01.11.2007, when he went to respondent's parents house, he was shocked and surprised to know that the respondent had given birth to a male child on 24.10.2007 at Trupti Nursing Home at Mahalingpur. The respondent informed him that she was pregnant at the time of marriage and that her parents forcibly performed her marriage with him. On 02.04.2008, the respondent and her parents along with their relatives assaulted him and therefore, he filed a private complaint No.44/2008 before the JMFC, Mudhol. The respondent, since was pregnant at the time of marriage by some other person, it is not possible for him to continue the marital relationship with the respondent and any such act would tarnish his image. As such he preferred the petition for declaring the marriage as nullity.