S VIJAYALAKSHMI Vs. TP GOPAKUMAR

JUDGEMENT

(1.) THIS appeal is filed by the petitioner in O.P.(HMA) No.283/99 on the file of the Family Court, Kottayam at Ettumanoor. The respondent herein was the respondent in that Original Petition, which was filed by the petitioner under Section 12(1)(c) of the Hindu Marriage Act (for short, 'the Act') for a decree of nullity of marriage.

(2.) THE case of the appellant is briefly as follows : THE appellant while studying for B.A. at Maharaja's College, Kottayam and residing at St.Thomas Bethani Hostel, Kottayam, was forcibly taken to Changanachery in a Tempo Tracks owned by the appellant's father, by the respondent and friends, to the house of one A.P.Gopalan, Assistant Sub Inspector of Police, Chenganachery Police Station, where she was forced to sign on certain documents including some pertaining to the Puzhavathukavil Bhagavathy Temple. THEreafter, she was dropped at Kottayam and threatened by the respondent to kill her if she revealed these to her parents and friends. No marriage ceremony was performed. THEre has been no consummation of marriage. THE appellant's father came to know that certain papers were submitted by the respondent to the Sub Registrar's Office, Chenganacherry and the appellant submitted applications there for withdrawing the signed papers of the appellant. THE appellant's father also submitted private complaint before the Judicial First Class Magistrate Court III, Kottayam and a crime was registered against the respondent, his sister and friends. On 25.6.1999 the appellant's father received a letter from the respondent along with a copy of the Marriage Certificate involving appellant and the respondent issued by the Sub Group Officer, Thiruvithamcore Devaswom Board, Chenganacherry, on receipt of which he realised that the respondent, his sister and friends have fabricated a marriage certificate and other documents. THE appellant has not given voluntary consent for marriage with the respondent and signatures were obtained by threat and coercion and she therefore sought a decree to set aside the marriage certificate and allied documents as null and void.

(3.) IN this appeal, even though notice was served on the respondent, he did not appear. Heard learned counsel for the appellant.