M VELAYUDAM Vs. KANNAGI

JUDGEMENT

(1.) THIS appeal is against the order of the Additional District Judge, Pondicherry to Karaikal dismissing the petition filed under Sec.l2(1)(c) of the Hindu Marriage Act. The petitioner/appellant therein came to Court with the case that the respondent was married to him by force and he did not consent for the said marriage. It is the case of the respondent that the appellant seduced her and both of them had sexual intercourse several times. It is stated by the respondent that on the intimacy between the petitioner/appellant and the respondent being known to the villagers, a panchayat meeting was convened on 12.9.1986 and it was decided at the Panchayat that the appellant should marry the respondent and the date of marriage was fixed as 14.9.1986. According to her, the marriage took place in the presence of village panchayatdars and it cannot be annulled under Sec.l2(1)(c) of the Act.

(2.) LEARNED Additional District Judge held that the marriage was brought about by force and the appellant herein did not consent to marry the respondent voluntarily or out of his free will. However, learned Additional District Judge went on to find that the appellant had subsequently condoned the same by having sexual intercourse with the respondent after the threat of force was over. On that finding the learned Additional District Judge dismissed the application.

(3.) LEARNED counsel for the appellant contends that the pleading on this aspect of the matter is insufficient and vague. I do not agree with him. In paragraph 8 of the counter statement filed by the respondent, it is categorically stated as follows: