BINU S GEORGE Vs. SAJAN NINAN

JUDGEMENT

(1.) The wife filed this Original Petition for dissolution of her marriage with the respondent under S.10 of the Indian Divorce Act on the grounds of cruelty and desertion.

(2.) The respondent filed a counter denying all the allegations levelled against him. But, he made a counter claim for a declaration that the marriage was null and void under S.18 and S.19 of the Act on the ground of fraud. When the respondent sought to let in evidence for proving his allegation of fraud in obtaining his consent for the marriage, the petitioner objected contending that the respondent is not entitled to a decree declaring the marriage null and void in a proceedings initiated by the petitioner for dissolution of marriage under S.10 of the Act. Accordingly, the above question has to be considered as a preliminary issue and the learned counsel for both sides were heard on the preliminary issue.

(3.) The only question for consideration is whether the respondent is entitled to a declaration of the marriage as null and void under S.18 and S.19 of the Act in a proceedings initiated by the opposite side for dissolution of marriage under S.10 of the Act.