MEGHA MOHAN Vs. V.A. RAKESH

JUDGEMENT

(1.) The above Mat.Appeals are arising out of a common judgment of the Family Court, Irinjalakuda in O.P.Nos.725/2012 and 50/2012, dated 12.9.2012 respectively. O.P.No.50/2012 filed by the appellant seeking nullity of the marriage under Section 12 and alternatively dissolution of the marriage under Section 13 of the Hindu Marriage Act, was dismissed. O.P.No.725/2012 filed by the respondent seeking restitution of conjugal rights was allowed by the Family Court. The Mat.Appeals are preferred by the appellant, being aggrieved by the judgments passed by the Family Court. Since the Original Petitions disposed through the common judgment which is impugned herein are intrinsically connected, both the appeals were considered together and disposed of through this common judgment.

(2.) Facts required for the disposal of the appeals as discernible from Mat.Appeal No.713/2012, is recited for appreciation of the appeals. The fate of Mat.Appeal.No. 708/2012 will depend upon the findings and conclusions which we arrive at in Mat.Appeal No.713/2012.

(3.) Averments in brief are as follows; The appellant was a student of PGDCA, during the academic year 2007 -2008. Respondent was also a student there and they became friends. The respondent, by taking advantage of the friendly relationship developed, managed the appellant to undergo solemnization of a marriage with the respondent. That the respondent by taking undue advantage of the friendship developed, conveyed to the appellant about the financial difficulties of his family. Thus appellant became sympathetic towards the respondent and appellant used to pacify the respondent. But later, the appellant realized that the respondent has conveyed the difficulties of his family only with the malafide and cunning intention to secure sympathy of the appellant, and that he had actually no affection towards the appellant. It is also contended that the appellant is financially very high and her father is employed in Gulf in a very lucrative position. The friendship that developed between the appellant and the respondent was picturised by the respondent as a love affair and rumours were spread by him accordingly, to suit his convenience. That apart it is contended that, the appellant is a member of Hindu Ezhava Community and the respondent is a member of Hindu Fishermen community and therefore, any sort of relationship between the appellant and the respondent will not be approved by the family of the appellant. But at that time the respondent has conveyed to the appellant that even though they do not approve the relationship by and between the appellant and the respondent, the respondent will take care of the appellant without any difficulties in life.