P. SIVAKUMAR Vs. S. BEULA

JUDGEMENT

(1.) This Civil Miscellaneous Second Appeal arises out of the proceedings under Section 12 of the Hindu Marriage Act launched by the husband seeking a declaration that the marriage between him and the respondent held on 04.12.2003 is null and void and for costs.

(2.) According to the appellant, the father of the respondent had approached the father of the appellant in July 2003 and had negotiated for marriage between the appellant and the respondent. During the entire negotiation, the father of the respondent had represented that he is a Hindu and the respondent is also a Hindu. Betrothal ceremony was conducted on 31.08.2003 and the marriage also took place on 04.12.2003. After marriage, spouses lived together at Velayanvilai till 11.12.2003. Since the appellant was working at Chennai the spouses settled down permanently at No.15, Venkateswara Street, Thambaram West, from 12.12.2003. In the course of the said living at Chennai, to his surprise, the appellant found that the respondent was not living as a Hindu and she was adopting Christian faith. On suspicion, the appellant made enquiries and discovered that the respondent and her family were Christians and they misrepresented their religion to the respondent and had obtained his consent by practising fraud. It was also contended that school records of the respondent showed that she was a Christian and she had also obtained Community Certificate showing that she was a Christian.

(3.) In the interregnum, it appears that there were certain complaints made to the Police regarding demand of dowry etc. These allegations are not very material for the purpose of this appeal as the decree of nullity is sought for by the appellant on the ground that consent of the appellant was obtained by suppression of material fact namely, the religion of the respondent. Contending that a Hindu marriage could be held or performed only among two Hindus, the appellant would contend that the marriage performed on 04.12.2003 between the Hindu and non-Hindu as per Hindu rites is null and void.