SHEELA Vs. MANJUNATH

JUDGEMENT

(1.) This appeal under Sec. 28(1) of the Hindu Marriage Act, 1955 (hereinafter referred to as 'the Act') has been filed against judgment and decree dtd. 8/1/2005 passed by the Trial Court in M.C.No.69/2012 by which the petition filed by the respondent under Sec. 11 of the Act seeking dissolution of the marriage has been dismissed.

(2.) Facts giving rise to filing of this appeal briefly stated are that the marriage between the parties was solemnized on 15/6/2012. It is the case of the respondent that after the marriage, he discovered that the date of birth of the appellant is 6/9/1995 and therefore, she was minor at the time of marriage. The respondent therefore, filed a petition on 30/8/2012 under Sec. 11 of the Act seeking a declaration that the marriage is a nullity on the ground that the appellant was minor at the time of marriage. The appellant filed statement of objections in which factum of marriage was admitted. However, all other contentions in the petition were denied.

(3.) The Family Court, on the basis of pleadings of parties, framed issues and recorded the evidence. The respondent examined himself as PW-1 and marked documents namely Ex.P1 to Ex.P3. The appellant did not lead any evidence. The Family Court vide judgment dtd. 8/1/2005 inter alia held that the date of birth of the appellant is 6/9/1995 and the marriage was taken place on 15/8/2012. It was therefore found that on the date of marriage, the appellant was aged 16 years 11 months 8 days and had not completed 18 years as prescribed under Sec. 5(iii) of the Act. The Family Court therefore concluded that the marriage is void under Sec. 11 of the Act and declared the marriage as null and void. In the aforesaid factual background, this appeal has been filed.