LISSY Vs. JAISON

JUDGEMENT

(1.) This is a reference under S.20 of the Indian Divorce Act, 1869 (in short 'the Act') seeking confirmation of the decree passed by the Judge, Family Court, Thrissur. An application was filed by the wife under S.18 of the Act for a declaration that the marriage solemnized between her and respondent No. 1 was a nullity and consequentially, void. The ground taken was that at the time of marriage, respondent No. 1 was a lunatic and idiot. Respondent No. 2 was originally impleaded as the guardian of respondent No. 1 and after his death, respondent No. 3 was, impleaded as the guardian.

(2.) There is no appearance for the respondents inspite of notice and though Vakalatnama has been filed on behalf of the petitioner, no one is present when the matter is taken up.

(3.) S.18, as indicated above, deals with the presentation of a petition either by the husband or the wife for a declaration that the marriage was null and void. The ground on which such decree can be passed as appearing in S.19 Chap. IV of the Act. The provision reads as follows: