SALY JOSEPH Vs. BABY THOMAS

JUDGEMENT

(1.) This appeal is directed against the judgment and decree of the learned single Judge dated 23.1.1998 in O.P. No. 3008 of 1996 of this Court, by which the appellant's application for a decree of nullity of marriage was dismissed.

(2.) The appellant and the respondent are Christians and their marriage was solemnised as per the religious customs and ceremonies on 9.2.1994 at St. Thomas Church, Retnagiri, Pattithanam. Thereafter, they lived together till 10.3.1994.

(3.) The petitioner is a staff nurse employed in Doha under the Ministry of Quatar from March, 1992 onwards. The petitioner would allege that the respondent and his people made her and her people to believe that he has passed Pre degree Examination and two years Diploma Course in Air Conditioning and is employed as Air Condition Mechanic in the Government Service in Behrain on a monthly salary of Rs. 30.000/-, with free boarding and lodging and annual leave of two months with free passage to go home. As Behrain is of only 30 minutes journey by air from Doha where she has been working and as he is working as Air Conditioning Mechanic, the petitioner and her people preferred him and they never suspected any fraud. The petitioner also states that she was made to believe that he has to go back to his place of employment on 22.2.1994 as he has come on leave for two months from 17.12.1993. The marriage was therefore arranged and solemnised hurriedly on 9.2.1994. The respondent did not return to Behrain on 22.2.1994. He has revealed to her that he has no diploma in Air Conditioning and he has not even passed Pre degree course and his service at Beharin as a Salesman was terminated and hence he is in search of another job. According to her, she would never have consented to the marriage if she had known about his educational qualifications. Therefore, she prays for a decree of nullity of marriage on the ground that her consent was obtained by fraud.