KURION Vs. ALPHONSA

JUDGEMENT

(1.) The short question that arise for decision in this proceedings is whether a marriage entered into between two members following the Roman Catholic rites, solemnised by a Minister of the Roman Catholic Church will become null and void in law on account of a subsequent declaration by Eparchial Tribunal, that the marriage contracted is invalid due to defect of consent on the part of the lady on account of her mental insanity.

(2.) Parties to this proceedings are Roman Catholics. The marriage between them was solemnised on 9-11-80 by a Minister belonging to the Roman Catholic Church at the Sacred Heart Church, Erumapetty. As per the case put forth by the wife, they lived together as husband and wife till 14-1-81. On that day she was taken to a doctor and thereafter left at her house. The husband did not take her back. She was being neglected. Nothing was being given to her for her maintenance. She has further alleged that the husband was keeping another lady as his mistress and so she is entitled to get separate maintenance. With these averments she approached the Judicial I Class Magistrate's Court, Vadakkancherry claiming maintenance under S.125 of the Code of Criminal Procedure. She prayed f or an order directing her husband to pay monthly maintenance at the rate of Rs.200/-.

(3.) Husband, petitioner herein appeared before court and filed an objection disclaiming his liability to pay maintenance. He admitted the marriage, but contended that there was no cohabitation on account of the insanity of the lady, that they lived together only for 6 days, that on the 6th day he informed the wife's brother of her insanity, that he came and took her to his house, that thereafter there was no contact between them, that she has sufficient means for her livelihood that he is not possessed of any means to give maintenance to her and that he is living with another lady whom he considers to be his wife.