SARITHA BALAKRISHNAN Vs. BAIJU T

JUDGEMENT

(1.) The prayer in this Transfer Petition (Civil) is as follows:

(2.) Heard Sri.Basil Mathew, learned counsel for the petitioner and Sri.M.Rajesh, learned counsel for the respondent.

(3.) The petitioner herein is the wife of the respondent herein. Differences of opinion between the spouses have led to matrimonial disputes, which in turn have resulted in litigative proceedings between them. The respondent (husband) has filed Anx-A O.P.No.1144/2016 before the Family Court, Chavara, seeking a decree of nullity of marriage. The main contention urged by the respondent (husband) in aid of his prayer for securing a decree of nullity of marriage is that the wife had earlier entered into a registered agreement with another man to live together as husband and wife and they had in fact so lived together as man and wife at Ernakulam and an agreement to that effect entered into between the wife and the man was duly registered before the S.R.O., Piravom, and this crucial fact that she had entered into a living in relationship with another man with a registered document was fully suppressed from the petitioner and that respondent's consent for the marriage with the petitioner was procured on the basis of that, and that if the above said information was disclosed to the respondent, he would have entered into the marriage at all and on this ground the petitioner seeks nullity of marriage. The petitioner-wife has filed Anx.A-2 O.P.No.2448/2017 before the Family Court, Ernakulam, seeking dissolution of marriage. It is also submitted by both sides that the petitioner has also filed M.C.No.502/2017 before the Family Court, Ernakulam.