SUSAN GEORGE Vs. RAHUL PADMAN

JUDGEMENT

(1.) The appellant and the respondent filed an application under Section 13B of the Hindu Marriage Act, 1955 seeking divorce on mutual consent. They pleaded in their application that the wife was a Christian but converted to Hinduism and later, the marriage was conducted following Hindu religious rites and Ext.P1 certificate was issued. Being a joint application for divorce, obviously, there was no opposition by pleadings.

(2.) When the wife mounted the box and gave evidence, she stated about the marriage and the irretrievable break down of the relationship. She also spoke of the relevant materials to come to the conclusion that the application is not a collusive one. The husband was also examined. The court did not put any question to the witnesses. Nor were they required to clarify any issue further..

(3.) However, the impugned judgment has been issued by saying that in the description of the wife at the top of the paper on which her deposition is recorded, she is shown as a Christian/Jacobite. According to the court below, that endorsement was made by the woman herself and therefore, such material is sufficient to hold that she was a Christian at the time of marriage and hence, the marriage itself was void and as a consequence, no application under Section 13B of the Hindu Marriage Act could lie. The application was dismissed. Hence this appeal by the wife. The husband has entered appearance through counsel.