MOHAN Vs. KANAGAVALLI

JUDGEMENT

(1.) "It hurts to love someone and not be loved in return." This is the poignant position of the plaintiff, who has been waiting to be loved by her husband, after filing the suit for declaration of her status as the wife of the defendant and for the consequential injunction.

(2.) Love marriage / run-away marriage between the couples inter se or between couples and parents or between couples and society are age old issues. In Indian society, still arranged marriage is the prevalent method of getting married. Still the marriage is considered to be not a relationship between two individuals but a relationship between two families. Parents often want their offspring to get married to a boy or girl of their choice. There is reluctance and opposition either by parents or by the Society, if there is intervention of caste, religion and creed and sometimes financial status. Though the parents love their offspring, yet, either out of concern and care or out of narrow considerations , they oppose such marriages. Parents believe that it is legitimate to expect the same in return for their sacrifice. Here is one such case. According to the plaintiff/wife, though the defendant/ husband was willing to accept her as his wife, still, his parents are not willing to accept her. It is claimed that she is the victim of that refusal.

(3.) The defendant/husband is the appellant. The plaintiff/wife, Kanagavalli filed a suit in O.S.No.370 of 2000 for declaration that she is the legally wedded wife of the defendant and also to pass an order of permanent injunction restraining the defendant from re-marrying any other girl. The suit was decreed. Challenging the same, the defendant filed the first appeal in A.S.No.32 of 2002 which was dismissed. Aggrieved over the dismissal of the first appeal, the present second appeal has been filed.