G.SARAVANACHANDRAN Vs. R.JONES ANITHA RANI

JUDGEMENT

(1.) This Civil Miscellaneous Appeal is directed against the decreetal and executable order, dtd. 5/12/2017 passed in IDOP No.170 of 2014 on the file of the I Additional District Judge, Tirunelveli.

(2.) The respondent herein is a Professor working as Head of Department, M.C.A Department, Meenakshi College of Engineering at Chennai. The respondent had inducted as a tenant in the year 2001 in the residential building, which was purchased by the petitioner's father at Kodambakkam, Chennai. The petitioner studied B.E (Mechanical) Decree Course in the Academic year 2002-2006 in India and M.S (Mechatronics) Course in Germany from 2006 to 2009. When the petitioner came to India for vacation during the 3rd week of December 2008, the respondent accompanied the family members of the petitioner to Chennai Airport. Having the introduction, on 22/12/2008 the respondent and her family members took the petitioner to J.C.M Church Venkateswarapuram, Alangulam Taluk, Tirunelveli District and forced the petitioner to put signature in the Church records as if marriage was solemnized between the respondent and the petitioner. In the 1st week of January 2009, the petitioner went back to Germany and got a job thereon. Thereafter, the petitioner returned to India in the 1st week of June 2009 and settled in his native place at Sivakasi and looking after the business of Match Industries, left by his father, who died in the year 2006. The respondent and her family members got money on several occasions from the petitioner by threat and also illegally sequestered the petitioner's Passport and Bank ATM. It is alleged that the petitioner informed the threat and illegal extraction of money by the respondent and her family members to his close family friend Mr.Dhanabalan. On 18/7/2014, the petitioner and his family friend Dhanabalan went to J.C.M Church and perused the Register of Marriage and found that the respondent recorded her marital status as 'Widow.' The respondent had already got married with one Dr.Prince David and he is a Medical Practitioner in Malaysia. The petitioner lodged a complaint on 29/7/2014 before the Deputy Superintendent of Police, Alangulam, Tirunelveli District for the illegal act committed by the respondent and her family members. The said complaint was directed to Uthumalai Police Officer and he enguired and advised the petitioner and the respondent to resolve the matter in the Court of Law. Hence, the petitioner filed a petition in IDOP No.170 of 2014 under sec. 18 r/w 19(4) of the Indian Divorce Act, declaring the marriage, dtd. 22/12/2008 between him and the respondent registered as Book No.1 Sl.No.47/2008 on the file of the Register of Marriage of J.C.M Church, Venkateswarapuram, Alangulam, Taluk, Tirunelveli District as null and void. The learned trial Court, by order, dtd. 5/12/2017, dismissed the petition. Aggrieved over the same, the petitioner is before this court as appellant.

(3.) The main contention raised on the side of the appellant/petitioner is that the earlier marriage of the respondent/respondent with her previous husband was in subsistence and hence, the marriage between the appellant/petitioner and the respondent/respondent is null and void and prays that the Civil Miscellaneous Appeal has to be allowed.