A Vs. B

JUDGEMENT

(1.) THIS is a reference under Section 20 of the Indian Divorce Act, 1869 for confirmation of the decree of nullity passed by the learned District Judge, Thane.

(2.) THE petitioner-husband filed M. J. Petition No. 3758 of 1989 on the Original Side of this Court seeking a declaration and decree of nullity of the marriage between the petitioner-husband and the respondent-wife solemnised on 19/01/1986. The respondent-wife is the cousin of the petitioner-husband. Broadly, the case of the petitioner is that not only he was forced to accept the proposal to marry the respondent but even the respondent was unwilling to marry and her consent was obtained by force by the mother of the respondent. After the engagement, the petitioner went to Dubai from where he wrote many letters to the respondent but she never replied. Even after his return to India from Dubai, despite his efforts, the wife did not respond. Thereafter, the marriage was solemnised on 19/01/1986. After the marriage, the petitioner tried to have sexual relationship with the respondent, but the respondent did not respond. Ultimately, the respondent told the petitioner not to have any sexual relations. The respondent told the petitioner that she was forced to marry him. The respondent threatened the petitioner that if he tried to have sex with her, she would commit suicide. The petitioner has stated that the marriage was never consummated. The petitioner again went to Saudi Arabia for about a year. During this period also, despite many letters, he did not receive any reply from the respondent. The petitioner sent some substantial amount to the respondent. After about 18 months' period in Saudi Arabia, the petitioner returned to Bombay in or about December 1988. Upon meeting the respondent, the petitioner tried to consummate the marriage, but the respondent wife violently resisted the attempt. The respondent-wife has been serving as a teacher in a municipal school at Andheri. The petitioner-husband alleged that the respondent developed some illegitimate intimacy with a peon of the school. After being confronted, the respondent left the house and started residing at her mother's place.

(3.) IN the month of January, 1989, Father Rodrigues called the respondent to St. Thomas Church and enquired. Two Rev. Fathers had twice visited the house of the respondent. The father of the respondent had also met Father Rodrigues at St. Thomas Church, Vasai, and informed that respondent was not willing to reconcile the marriage with the petitioner and she wanted divorce. Even the respondent-wife declined any reconciliation. All further efforts of reconciliation failed and the respondent-wife categorically stated that she never wanted to marry the petitioner and her consent to the marriage was obtained forcibly by her mother and she and other relatives brought her to the Church and made her sign in the marriage register. She had not done it voluntarily and of her free will. The said statement of the respondent-wife was recorded by Rev. Father Elias Rodrigues in the presence of all. The original marriage certificate was lodged at Arch Bishop's House, Bombay. The petitioner has further alleged that knowing that the respondent was going astray, the mother of the respondent fraudulently arranged the marriage of the petitioner with the respondent. The petitioner has alleged that the marriage was never consummated. The petitioner alleged that the marriage was brought about by force and fraud and, therefore, he is entitled to a decree of nullity. The petitioner averred that the marriage took place at Vasai and they reside at Vasai, Dist. Thane. Therefore, this Court has exclusive jurisdiction to entertain the matter.