S. NOORJAHAN Vs. J. THOMAS STALIN

JUDGEMENT

(1.) This second appeal has been directed against the Judgment and decree, dtd. 19/11/2009 passed in A.S.No.16 of 2009, by the Additional Sub-Court, Thanjavur, wherein, the Judgment and decree, dtd. 23/12/2008 passed in O.S.No.195 of 2007 by the District Munsif Court, Thanjavur, are reversed.

(2.) The appellant herein as plaintiff has instituted a suit in O.S.No.195 of 2007 on the file of the trial Court for mandatory injunction directing the second defendant to cancel the marriage application given on 23/2/2007 and to pass a decree for permanent injunction proceeding with the solemnization of any marriage of the plaintiff with the first defendant under the second defendant under the Special Marriage Act, 1954, wherein, the respondents have been shown as the defendants.

(3.) In the plaint, it is averred that the plaintiff and the first defendant were working as Guest Lecturers and both of them loved each other and they decided to marry. Both agreed to give a joint application to solemnize the marriage at Thanjavur in the form and procedure as contemplated under the provisions of the Special Marriage Act, 1954, as amended. It was also agreed by the first defendant that within the spell of 90 days, he will convert himself to Muslim religion. On the assurance and the undertaking given by the first defendant to the plaintiff, they jointly filed a form for marriage to be performed as per the procedure under the Special Marriage Act, 1954, as amended. They have submitted the same before the Marriage Officer for conducting the Special Marriage, Thanjavur Sub-Registration District, Sivagangai Park at West Main Street on 23/2/2007. On 3/4/2007, the plaintiff and the first respondent went to the Registrar Office and also had signed the relevant documents. At that time, the plaintiff approached the first defendant about his conversion to Muslim Religion. Inspite of repeated oral requests made by the plaintiff, the first defendant gave evasive reply. On 30/4/2007, the plaintiff was informed by her family friends at Mannargudi that notice of the intended marriage of the plaintiff and the first defendant was published in Marriage Form No.10 was affixed in the notice board at SubRegistrar's Office, Mannargudi. In that notice, it is mentioned that the marriage between the plaintiff and the first respondent is going to be solemnized under the Special Marriage Act, 1954 within three calender months. From the date of application, dtd. 23/2/2007, 90 days comes to an end on 23/5/2007, which is the last date. The appellant again phoned the first defendant about his conversion to Muslim Religion, but the first defendant was hesitating and not ready to convert himself to Muslim Religion. The plaintiff, on 30/4/2007, had sent a registered post to the Marriage Registrar, Thanjavur and also sent a copy of the same to the first defendant informing him to cancel the registration of marriage application, dtd. 23/2/2007. The said notices were acknowledged by the respondents. The defendants hurriedly made arrangements to somehow or other, by other ways and means to register the marriage without adopting any procedure as contemplated under the Special Marriage Act, 1954. Hence, the plaintiff has filed the above suit for the relief stated supra.