AUGUSTINE JOHNSON Vs. ELIZABETH

JUDGEMENT

(1.) THIS is a petition filed by the husband under S.18 and 19 of the Indian Divorce Act,1869(Act IV of 1869 ),( the Act in short ),for a declaration of nullity of marriage under S.18 and 19 of the Divorce Act.The petitioner and the respondent are Indian Christians.They were married on 27th January,1980 by a ceremony of marriage conducted according to the rites of the Catholic Church,at the St.Joseph's Church,Cochin -6.From 27th January,1980 up to 27th March,1980 the petitioner lived with the respondent at Chakalaparambil House,Cochin.

(2.) ACCORDING to the petitioner,immediately after the marriage ceremony,someone or other of the relatives of the respondent used to come to the house of the petitioner and wanted to take the respondent to her father's house under the pretext of treating her for some alleged stomach trouble.From this and her physical appearance the petitioner became very suspicious that the respondent was pregnant at the time of marriage from a person other than the petitioner.Therefore she was subjected to medical examination on 26th March,1980 at Gautham Hospital,Cochin -5 by an eminent physician,Dr.K.R.Jayachandran,a member of the Royal College of Physicians of Edinburgh and Glasgo.On 26th March,1980,as per the Doctor's opinion,the respondent was having 30 week's pregnancy.Therefore,according to the petitioner,the respondent became pregnant at least five months before the marriage.On 27th March,1980 the petitioner entrusted the respondent to her father Sri George in the presence of Shri C.V.Rajan,Councillor of Cochin Corporation and some other persons.The respondent was admitted in the General Hospital,Ernakulam for delivery and she delivered a full term male baby on 20th May,1980.Dr.Molykutty Thomas had attended the delivery and she had issued a certificate regarding the same.

(3.) ABOUT one year before the date of marriage,the petitioner's sister Smt.Stella Balachandran,a neighbour of the respondent,had put forward a proposal for marriage of the petitioner with the respondent.The petitioner wanted the bride to have gold ornaments of twelve sovereigns and a sum of Rs.10,000 in cash.The respondent's parents accepted the terms,but they wanted one year's time to arrange the cash and the ornaments.The petitioner agreed to this.However,from the month of May,1979 onwards the petitioner used to make frequent visits to the respondent's house.He succeeded in winning the confidence of the entire members of the house by his manners and behaviour.Deep intimacy developed between the petitioner and the respondent.The petitioner occasionally used to reside in the respondent's house and the parties,the petitioner and the respondent,began to have sexual relationship before the marriage.The respondent became pregnant by September,1979.