S C SHANTHI Vs. P VENKATESH

JUDGEMENT

(1.) The petitioner in H.M.O.P. No. 354 of 1984 on the file of the VI Assistant Judge, City Civil Court at Madras is the appellant herein. The appellant has filed the O.P. for declaration that the marriage held between the appellant and the respondent on 10-2-1984 is a nullity. The case of the appellant is that the respondent, taking advantage of the tender age of the appellant, stealthily made arrangement as if both had gone through a form of marriage at No. 14, Sowrimuthu Street, Mannady, Madras-1, under the Hindu Marriage Act and got it registered in the Sub-Registrar's Office on 10- 2-1984. The Appellant has completed just 18 years. No such marriage had taken place and the petitioner had never given any consent. The respondent exercised fraud, undue influence, misrepresentation and coercion on the appellant. The appellant's parents had not given their consent. The appellant and the respondent had gone through a form of marriage under the Hindu Marriage Act, 1955. The appellant is living with her parents and the marriage was not consummated.

(2.) The respondent contested the claim of the appellant contending that the appellant is a fully matured girl and the marriage was celebrated with full knowledge and consent and free will of the appellant. The appellant and the respondent loved eachother and as a result of which the marriage in accordance with the Hindu Marriage Act and Hindu Customary rites was celebrated. The other averments made by the appellant in her petition had been denied.

(3.) The appellant had examined one witness apart from examining herself as P.W. 1, P.W. 2 is the owner of the house bearing Door No. 14, Sowrimuthu Street, Madras-1 where the marriage is said to have been taken place. The respondent had examined two witnesses apart from examining himself as R.W. 1 R.Ws. 2 and 3 are friends of R.W. 1, the respondent herein.