JESSY ANTONY Vs. SONYSON

JUDGEMENT

(1.) PETITION under Ss. 10,18 and 19 of the Indian Divorce Act for a decree declaring that the marriage between the petitioner and the respondent is null and void or in the alternative pass a decree for dissolution of the marriage. The petitioner is the wife and the respondent is the husband. Their marriage was solemnised on 12. 2. 1995 at St. Mary's Church, Palai as per the religious rites and ceremonies prevalent among the members of their community. After marriage they lived together for 11 days.

(2.) IT is alleged in the petition that the petitioner's consent for the marriage was obtained by fraud. At the time of marriage she was employed in Vienna in Austria and the marriage was negotiated by the respondent's father in response to the advertisement given by the petitioner's father. Even before the petitioner's arrival in India, the marriage was negotiated and settled as insisted by the respondent's parents. IT was agreed that the petitioner's father would give Rs. 50,000/- and 51 sovereigns of gold ornaments to the respondent. Rs. 50,000/- was given to the respondent's father on 2. 2. 1995 and gold ornaments were purchased immediately after the betrothal ceremony. In addition to this, the petitioner's father gave a gold chain weighing about 2 sovereigns and a steel almirah worth Rs. 7,500-to the respondent.

(3.) THEREFORE, on the ground of cruelty, desertion and fraud in getting her consent for the marriage by misrepresentation of the respondent's qualification and financial status, she prayed for dissolution of marriage.