ELIZABETH SKARIAH Vs. ABY SKARIAH

JUDGEMENT

(1.) This is a suit for permanent injunction restraining the defendant no.1 from contracting a second marriage during the subsistence of his marriage with the plaintiff herein and also restraining the defendant nos.2 to 5 from taking any steps in any manner in connection with or in furtherance of the design of the said second marriage of defendant no.1 or in any way executing or advancing the same or permitting or conniving at it.

(2.) The plaintiff is Christian by religion. Though she hails from Kerala but since childhood is domiciled in Delhi. She is the daughter of Pastor (Preacher) T Samuel, who is attached to the United Pentecostal Church, Green Park, New Delhi for the last over thirty five years. Defendant no.1 is the son of defendant nos.2 & 3, while defendant no.4 is the sister of defendant no.1 and defendant no.5 is the husband of defendant no.4. The marriage of the plaintiff with defendant no.1 was solemnised on 21.12.1994. It was an arranged marriage.

(3.) It was told to the plaintiff's parents that defendant no.1 was a Commerce graduate and gainfully employed. Soon after the marriage, she discovered that the defendant no.1 was not gainfully employed to support a matrimonial home. He was entirely dependent on defendants no.2 & 3. The said defendants looked up to the plaintiff being employed in Saudi Arabia as milch-cow to feed and to sustain them. The plaintiff used to send between Rs.10-15000.00 per month to defendant no.1 so that in the very first year of her marriage approximately Rs.2 lakh was remitted to defendant no.1 through normal banking channels. During the short sojourns the plaintiff was subjected to harsh treatment and insulted in coarse and abusive language if she resisted reckless demands on her earnings and savings.