SHASHI BALA Vs. ANIL KUMAR

JUDGEMENT

(1.) This letters patent appeal has been filed by the appellant-wife against the judgment dated 24th April, 1978, passed by a learned Single Judge setting aside the decree of nullity passed in her favour by an Additional District Judge, Delhi, annulling her marriage with respondent.

(2.) Relevant facts for the disposal of this appeal are as follows. The appellant filed a petition under section 25 of the Special Marriage Act, praying that her marriage with the respondent be annulled as her consent to the marriage had been obtained by coercion and or fraud. The appellant's case is that the respondent's sister Kumari Vijay was her class fellow and intimate friend when she was studying in the higher secondary in Ballimaran. This friendship continued even after the appellant had passed higher secondary examination. Kumari Vijay introduced the appellant to the respondent, her brother, a year prior to the filing of the petition telling the appellant that the respondent was highly educated and was a prosperous business man. The respondent was alleged to have also asserted the same. The appellant contends that she was taken in by the aforesaid assertions of the respondent and thought him to be a smart prosperous business man. The respondent used to take her to posh restaurants in order to impress her with his wealth. The appellant contend that she was taken in by the aforesaid assertions of the respondent and his conduct. When the intimacy between her and the respondent grew, the respondent suggested to her that she should marry him. The appellant protested saying that her parents would never agree to it without verifying his antecedents and status. The respondent suggested to her that they could marry under the Special Marriage Act to which the appellant protested but the respondent threatened that if she did not agree to marry him under the Special Marriage Act, he will "cause harm to her parents and would also disfigure her and commit suicide himself". The appellant gave in to the said proposal under the aforesaid threat and coercion of the respondent.

(3.) In order to keep the matter secret, the respondent in the declaration form filed, before the Registrar of Marriages gave her address as 36/7 Patel Nagar, New Delhi. After the marriage was certified by the Registrar of Marriages on 9th December, 1974, the respondent took her to his house where she found the living conditions of the respondent much below the standard she was given to believe. She also found the respondent to be practically aneduedted.