K.K. DILEEPKUMAR Vs. SALENA KUMARI @ SHALINI

JUDGEMENT

(1.) The appellant moved a petition before the family court. The petition was for the relief to annul his marriage with the respondent. The grounds were fraud and force. The court below dismissed the petition. Hence the appellant is in appeal.

(2.) The case of the appellant is briefly stated below: He had previous acquaintance with the respondent. They became friends. She used to take loans from him. He was taken by her to her house as if to attend the marriage of her niece. At her house he was asked to marry her. He was told that he had relationship with her for five years. She also insisted on to marry her. She promised to keep the marriage a secret from his people. Under compulsion and out of fear he did what all he was told to do. He was taken to a temple. He and the respondent garlanded each other. He tied 'tali' around her neck. Photographs were taken. A register was signed. All these were done by him under compulsion. It all happened on 11.6.2004. On the same day itself he was allowed to go home. There was no cohabitation. Later she blackmailed him with the photographs and extracted money from him. The mock marriage conducted on 11.6.2004 is liable to be annulled on the grounds of fraud and force.

(3.) The respondent appeared before the family court. She filed objection. Her contentions go as under : Her marriage with the appellant was solemnized on 11.6.2004. All religious ceremonies were performed. The attendees of the marriage were given feast. Every ceremony was photographed. The marriage register was signed by both the spouses. The appellant came to the temple with cloth (pudava) . He married her with full consent. The marriage was consummated. The contrary allegation is false. The parties lived as husband and wife. She never blackmailed him or extracted money from him. He was paying her money as his wife. The petition itself is the result of his mother's attempt to separate the couple.