KRISHNENDU. A.S Vs. AKHIL. V.S

JUDGEMENT

(1.) The appellant is the wife and the respondent is the husband.

(2.) The appellant filed O.P.No.1150/2016 in the Family Court for granting a decree of declaration that the marriage solemnised between her and the respondent on 16.10.2015 under the Special Marriage Act, 1954 (hereinafter referred to as 'the Act') is null and void. The plea of the appellant was that she and the respondent were friends and that the respondent requested her to be a witness for the registration of the marriage of one of his friends and he took her to the Marriage Registrar's office and got her signature in the marriage register making a misrepresentation that she was only witnessing registration of the marriage of his friend.

(3.) The respondent remained ex parte in the proceedings before the lower court. The appellant was examined as PW1. The Family Court found that the evidence adduced by the appellant did not prove that any fraud was played on her and that there is no sufficient ground to declare the marriage as null and void. Accordingly, the Family Court dismissed the original petition filed by her. Aggrieved by the judgment passed by the Family Court, the wife has come up in appeal.