A STALIN ALIAS STANLES Vs. ANSA ALIAS ANSAMMAL

JUDGEMENT

(1.) THE unsuccessful husband before the learned Additional district Judge, Tirunelveli in O. P. No. 89 of 1989 aggrieved by its order dated 18. 11. 1991. is the appellant herein, canvassing the correctness and legality of the order passed by learned trial Judge in the above case, rejecting the claim of the appellant to declare that the marriage held between him and the respondent herein on 24. 10. 1988 was null and void on the ground of insanity as provided under Sec. 19 (3) of the Indian Divorce Act, 1869.

(2.) THE appellant and the respondent being Christians by religion got their marriage performed in accordance with the caste and religious custom on 24. 10. 1988 in the'dhusnavis'Church of tuticorin, in the presence of their respective relatives. It was the case of the appellant that after the marriage, the parents of the respondent took her to their residence under the pretext of performing certain poojas to get the rituals based on sentimentalities and assured to sent her back and thus they had passed time by six months without sending her. But even thereafter they did not send the respondent to the house of the appellant/petitioner and thus in restitution of conjugal life among the parties herein were denied. Even so, the appellant/ petitioner came to know that the respondent was not of sound mind but however suffering for want of sanity even during the time of marriage. Nevertheless on 11. 5. 1989 the parents of the respondent brought the respondent to the house of the petitioner and during the said sojourn the appellant/ petitioner came to know that the mental faculty of the respondent was that of a child aged 10 and not a matured one and that she was quite unfit to be a member to lead the conjugal life with the appellant. On 1. 4. 1989, the respondent was examined by the doctor by name Jayasankaran and got treatment for her insanity. Likewise, two months thereafter, on 5. 6. 1989, the Assistant Professor of psychohistry of Tirunelveli Medical College had also examined the respondent and treated her. For the mere reason of the insanity of the respondent and for her want of mental maturity, the appellant was not able to lead the family life with her and it was found out that even during the marriage and prior to the marriage, the respondent was of unsound mind and by suppressing the said fact the parents of the respondent however managed to give her in marriage and celebrated the marriage as aforesaid and for the said reason as it was found subsequently, the appellant approached the trial court praying to declare that their marriage solemnized was a nullity under Sec. 19 of the Indian Divorce Act.

(3.) THE parties to this proceedings are Christians by religion and pursuant to their religious custom of seeing the bride and bride-groom along with the parents by mutual visits at their respective houses, 'conducting the engagement having waited for the complete performance of three banns in the Church the marriage between the appellant and the respondent was accordingly performed on 24. 10. 1988 is not in controversy among the parties herein but rather it was admitted, it was not as if both the spouses were strangers to the place where the marriage took place but it seems that the evidence goes to show that they belong to the same place and that too, living in the same locality. It is noticed at this stage, that it is not a love marriage, but however, a marriage arranged by their parents after performing all formalities and customs and three banns have been duly performed in the Church. THE reasons for performing the'banns'admittedly and evidently, is that while pronouncing the'banns'openly before all who are gathered in the Church, those who have got any objections or complaints are expected to remind the Father who being the authority, is expected to take note of them before celebrating the marriage.