VELMURUGAN Vs. INDIRA GANDHI

JUDGEMENT

(1.) The appellant has filed the present Civil Miscellaneous Second Appeal seeking to set aside the Judgment and Decree dated 11.07.2006 made in C.M.A.No.3 of 2006 on the file of the learned Additional District Judge (Fast Track Court No.III), Virudhachalam in confirming the Judgment and Decree dated 22.07.2005 made in H.M.O.P.No.3 of 2004 on the file of learned Principal Subordinate Judge, Virudhachalam.

(2.) The case of the appellant/husband is that the H.M.O.P.No.3 of 2004 was filed under Section 11 r/w Section 5(1) of Hindu Marriage Act, 1955 for declaring the marriage held on 18.11.2003 between the appellant and 1st respondent at Kattuparur as null and void. The appellant and the 1st respondent are adjacent land owners of the agricultural lands and the appellant owns a house at Valasai village, Virudhachalam taluk. The appellant's family owns fifteen acres of agricultural lands and the respondent family has only one acre of land. While so, with a view to grab the lands of the appellant herein, one Kolanji, Panchayat President and the father of the 1st respondent and other persons have joined together and used the 1st respondent as a tool, thereby the 1st respondent had lodged a complaint against the appellant under Sections 417 and 376 IPC before the Inspector of police, Mangalampet Police Station, as if the appellant had raped her. On 10.11.2003 the said Inspector of Police has taken the appellant and his father and had kept them in custody till 17.11.2003. Further, the police personnel have forced the appellant and his father by misusing their powers and they had obtained signatures in various blank papers and they have fabricated certain documents, as if the appellant was responsible for the pregnancy of the 1st respondent and as if he had promised to marry the respondent. The above said persons have abducted, forced and threatened the appellant and his father and confined them in a hut. At about mid night, they took the appellant to Adhikesava Perumal Temple and forced him to tie a thali on the 1st respondent, who was already there and they had taken photographs forcibly. Till 21.11.2003, the appellant and his father were confined in the hut and only after they were released on 25.11.2003, the appellant herein had filed a petition under Section 11 r/w Section 5(1) of Hindu Marriage Act, 1955 to declare the marriage as null and void. It is the further case of the appellant that he could not give any police complaint because the 1st respondent's family had threatened that they would take severe action against him.

(3.) It is the case of the 1st respondent / wife that she and the appellant are taking care of the cattles and they are adjacent land owners. The appellant had promised the 1st respondent that he will marry her and therefore, she had acceded to the request of the appellant and became pregnant. In view of the same, the 1st respondent insisted the appellant to marry her, but he evaded and took her to the Doctor at Virudhachalam for abortion and the said Doctor had refused to do so and informed the respondent's parents that child has grown up and abortion is unsafe. Thereafter, the parents of the 1st respondent have reported the love affair to one Krishnan and one Kolanji and his associates, who are the village heads. In consequence, they convened a panchayat in the village, wherein the appellant's father had given evading response and the appellant had not even attended the panchayat stating that he suffered diarrhea. Since the appellant and his father did not agree for panchayat, the panchayatdars have advised the 1st respondent to give a police complaint. Accordingly, the 1st respondent herein had given a police complaint on 17.11.2003 before the Mangalampettai police station and they had given a CSR and on enquiry, the appellant and his father agreed to marry the 1st respondent and the same was given in writing before the said Police. Thereafter, the appellant was released on 17.11.2003. After making arrangements, on 18.11.2003, the appellant and the 1st respondent and their relatives went to Kattuparur, Arulmigu Aadhikesava Perumal Thirukoil in a tractor trailor and solemnised the marriage, as per Hindu Rites and Customs. On the next day, appellant's father, took the 1st respondent to her parents house and left her stating that since she is pregnant, she should be nourished properly with good food. Thereafter, the appellant had sent a legal notice to the 1st respondent and for the same, a valid reply was given. The trial court, examined all the parties and the documents marked. After considering the evidence on both sides the trial court, has come to the conclusion that the marriage is valid one and dismissed the H.M.O.P.No.3 of 2004 filed by the appellant / husband by Judgment and Decree dated 22.07.2005.