RIYA Vs. ALBIN VARGHESE

JUDGEMENT

(1.) An Original Petition seeking annulment of a marriage by a decree of nullity, under Section 25(1) of the Special Marriage Act (for short, "the Act") , was dismissed by the Family Court as not entertainable, since one year has not elapsed from the date of marriage.

(2.) The parties are Indian Christians. Their marriage was solemnized on 28.06.2017 under the provisions of the Act. At the time of marriage the petitioner and the respondent were aged 20 and 25 years, respectively. The marriage was without the consent of their parents. After marriage they continued to reside in their respective parental houses. The parents did not approve their alliance. The respondent abstained from having relationship with the petitioner-appellant and there was willful refusal to consummate the marriage. Accordingly the Original Petition was filed to annul the marriage. The respondent entered appearance and filed an affidavit accepting the averments in the Original Petition.

(3.) The Family Court, relying on Section 29 of the Act, dismissed the petition holding that, since the petition is filed within one year from the date of marriage, the petition is not maintainable. We are unable to agree with the court below.