ANURAG SHARMA Vs. MANUSHI SHARMA

JUDGEMENT

(1.) It all began when Anil Sharma PW-2, a friend of the family of Anurag and a junior colleague in the office of the father of Manushi introduced the two families and Manushi's mother sent an e-mail to Anurag's mother attaching therewith Manushi's bio-data Ex.PW-3/1. It was made known that after graduating in Honours in Commerce, Manushi had obtained a Masters Degree in Business Administration and was currently employed with a bank in Mumbai earning Rs.7.5 lacs per annum. The response by Anurag's mother was by e-mail Ex.PW-3/1 (three e-mails have been exhibited as Ex.PW-3/1) enclosing therewith Anurag's bio-data Ex.PW-1/D1; seeking birth details of Manushi, informing in the e-mail that the boy's family was highly religious and believed in horoscope matching. The bio-data informed that Anurag had a Bachelors Degree in Commerce and a Masters Degree in Business Administration and was employed with ITC Ltd. at Kolkata. In response, Manushi's father gave particulars of Manushi's birth to Anurag's mother vide e-mail Ex.PW-3/1.

(2.) It is apparent that the horoscopes matched and the proof thereof is the admitted case of the parties that along with their families, Manushi and Anurag met at Hotel Centaur in Delhi on April 19, 2008, followed by another meeting at Hotel Taj in Delhi on April 20, 2008, when the extended family of Manushi and Anurag; being a few cousins, uncles, aunts and grand-mother apart from their parents were present. Horoscope having matched, the elders of the family having interacted, the couple agreeing for a matrimonial union, the Roka ceremony was performed. Formal engagement took place on May 12, 2008 at Hotel Radisson, Noida.

(3.) It is apparent that the astrologer who matched Manushi's and Anurag's horoscope was a novice. The marriage between the two, which was solemnized on December 06, 2008, was turbulent and as we would be reverting back to the events post May, 2008 till the two got married, we note that the two separated on May 26, 2009. The marriage lasted for five months and twenty one days. Petition seeking annulment of the marriage by granting a decree for divorce was filed by Anurag on July 02, 2010 invoking Section 13(1)(ia) of the Hindu Marriage Act, 1955. We find that in the caption of the petition annulment was prayed under Section 12(1)(c) of the Hindu Marriage Act, 1955, but in the prayer reference is only to Section 13(1)(ia). Learned counsel for the parities were in agreement that annulment of the marriage was sought for on the ground of mental cruelty and was defended on said understanding of the petition.