SHENNY DEVASSY Vs. RESHMY MANUEL

JUDGEMENT

(1.) THE petitioner in O.P. No. 563/2015 on the file of the Family Court, Ernakulam is the appellant herein.

(2.) THE appellant filed O.P. No. 563/2015 under section 25 of the Special Marriage Act for a declaration that the marriage between the petitioner and the respondent registered on 2.4.2013 as per the provisions of the Special Marriage Act is null and void. It is alleged in the petition that it was a second marriage for both of them and after conducting the marriage from the church, they registered the marriage under the Special Marriage Act also on 2.4.2013. Thereafter there was no consummation of marriage and as such, the marriage has to be declared as null and void. Hence this petition.

(3.) SINCE the respondent appeared through counsel and submitted that an error has been committed by the court below and the judgment is erroneous and proceeded on the basis that both the applications were filed by the petitioner, the appeal will have to be allowed and it will have to be remitted to the court below for fresh disposal in accordance with law. So we felt that the appeal can be admitted and in order to avoid delay in disposal of the case, dispose of the same today itself after hearing both sides.