ABINAYA Vs. B.YOGESH KUMAR

JUDGEMENT

(1.) Mrs.Abinaya, who is the appellant in both the Civil Miscellaneous Appeal, being aggrieved by the dismissal of her petition to declare the marriage registered at Kodambakkam Sub-Registrar Office on 7/12/2015 with the respondent Yogeshkumar as voidable marriage and allowing the petition filed by the respondent for Restitution of Conjugal Rights, is before this Court.

(2.) The contentions of the appellant before this Court is that she and the respondent were working together in IT Company at Thiruvanmiyur. On 30/11/2015 at Vadapalani Temple their marriage was solemnized in the presence of friends. On 7/12/2015 the marriage was registered. The appellant, who went to Madurai after that and stayed with her parents. She lodged a complaint at Tallakulam Police Station, Madurai alleging that under threat she was forcibly taken to the Registrar Office and marriage was registered. Hence, petition to declare the marriage voidable.

(3.) The respondent filed O.P.No.4690 of 2015 before the Family Court, Chennai, later transferred to Family Court, Madurai as against the appellant for restitution of conjugal rights. Whereas, the respondent, in his petition for restitution of conjugal rights, has contended that he and the appellant were in love while they were working together. When the family members of the appellant were engaged in searching alliance for her, to avoid that, she forced the respondent to solemnize the marriage immediately and only on her wish, on 30/11/2015 in the presence of the friends, the marriage was solemnized at Vadapalani Temple. Thereafter, the marriage was registered at the insistence and compulsion of the appellant. The decision to solemnize the marriage and get it registered was taken by the appellant and there is no force or threat. The said decision was forced on the respondent by the appellant to prevent the appellant's parents from getting her marry to somebody else against the wish of the appellant.