KAVYA PRAKASH.K Vs. SUJITH V.J

JUDGEMENT

(1.) An order holding that leave of the Court is not necessary to institute a petition for divorce, after the expiry of one year from the date of marriage, is under challenge in this appeal.

(2.) The respondent in this appeal filed O.P.No.2166 of 2017 before the Family Court, Ernakulam, to annul his marriage with the appellant by a decree of nullity or in the alternative to dissolve his marriage with the appellant by a decree of divorce.

(3.) The kernel of the facts is: the respondent got acquainted with the appellant through Facebook. The respondent took the appellant for outings and had physical relationship with her. In due course, the appellant expressed her desire to marry the respondent, but he snubbed her. The appellant on discovering that the respondent was intending to get married to another woman, threatened to commit suicide. On 08.09.2016, Sub- Inspector of Police, Udayamperoor Police Station, directed the respondent and his father to meet him in connection with a complaint filed by the appellant that the respondent had sexual harassed her. The Police Officer used swear words and commanded the respondent to marry the appellant, or else he would register a criminal case against the respondent and his relatives and get them incarcerated. Consequently, due to the threat and coercion of the appellant, in connivance with the Police, on 07.11.2016, the marriage between the respondent and the appellant was soleminised before the Marriage Officer, Thripunithura, under the Special Marriage Act , 1954 (for brevity referred to as "Act"). The appellant and the respondent have never cohabitated. The respondent prayed that a decree of nullity or in the alternative a decree of divorce may be passed dissolving his marriage with the appellant.