A. MANIMEKALAI Vs. C. MARIAPPAN

JUDGEMENT

(1.) THE first respondent in F.C.O.P.No.264 of 2012, on the file of the Family Court, Salem, is the revision petitioner herein. The first respondent herein filed the said Petition for restitution of conjugal rights, stating that the marriage between him and the revision petitioner took place, on 30.03.2012, at his residence, as per the Hindu customs. The revision petitioner/wife deserted him and he also sent a notice and the same was returned. Therefore, the first respondent filed a Petition for restitution of conjugal rights. The said Petition is sought to be quashed in the present Civil Revision Petition.

(2.) MRS .Chitra Sampath, the learned Senior Counsel for the revision petitioner submitted that no marriage had taken place between the revision petitioner and the first respondent. Admittedly, the first respondent has initiated proceedings in C.C.No.144 of 2010, against the revision petitioner under Section 138 of the Negotiable Instruments Act, 1881, and he has filed a proof affidavit, on 16.03.2012, and within a period of 14 days, he alleged that he married the revision petitioner. But, no valid proof has been produced by him to prove the marriage, except, the marriage invitation, which could be easily fabricated. Admittedly, the marriage is not registered, as per the provisions of the Tamil Nadu Registration of Marriages Act, 21 of 2009. When the marriage is not registered, the parties can be punished for violation of the provisions of the said Act. Moreover, on the alleged date of marriage, the revision petitioner was not in Chennai and she was in Delhi. And she also filed a proof to that effect.

(3.) THE learned Senior Counsel for the revision petitioner further submitted that admittedly, the first respondent is having a wife and that is proved by a sale deed, dated 26.11.1993, wherein, it has been stated that he along with his wife Mrs.Santhi, purchased a property under the registered Document No.2267 of 1993. Therefore, when the first respondent is having a wife living, the marriage, even assuming to be true, is not a valid marriage and it is only a void marriage. Hence, such marriage cannot be enforced by filing an Petition under Section 9 of the Hindu Marriage Act ( hereinafter referred to as 'the Act').