B.A. BENNY Vs. SMT. RAICHAL BINDU

JUDGEMENT

(1.) PETITION under Sections 18 and 19 of the Indian Divorce Act. Petitioner is the husband and the respondent is the wife. Petitioner is a Latin Catholic by birth and faith, while the respondent is Syrian Jacobite faith.

(2.) THE marriage between the petitioner and the respondent was solemnised on 1.3.1992 as per the Latin Catholic rites at Pius X Church, Kalamassery. They lived together at the respondent's house and a female child was born to them on 23.12.1992. While so, it is alleged for the petitioner that the respondent left the house of the petitioner on 26.8.1993. Petitioner has filed this O.P. for a declaration that the marriage between the petitioner and the respondent is null and void.

(3.) THE respondent filed a counter denying the allegation that fraud was practised upon him in getting his consent for the marriage. She would contend that before marriage she became a member of the Latin Catholic Church and had followed the custom and practice prevailing among the members of the Latin Catholic Church. She also denied the allegation that she had treated him with cruelty and had behaved in an abnormal manner. She denied the allegation that she had attempted to commit suicide. According to her, it was the petitioner's parents who approached the respondent with the marriage proposal. She has stated that the petitioner and his parents misbehaved towards her and his parents manhandled her and her right hand was burned by the mother -in -law. She was not treated as a member of the family and hence her life was made miserable.