B.SURYAKANTHAM Vs. B.S.VIDHYA SAGAR @ RAJU

JUDGEMENT

(1.) Both the appeals are between the same parties and are filed under Section 19(1) of the Family Courts Act, 1984. Hence, they are disposed of through a common judgment. The sole respondent in both the appeals filed O.S. No. 119 of 1995 before the Family Court, Hyderabad, with a prayer to declare that no valid or legal marriage has taken place or is subsisting between himself and the appellant, and that the certificate of marriage dated 01-03-1989, issued by the Registrar of Marriages, Hyderabad, is null and void. He pleaded that himself and the appellant are members of the same political party, and that he functioned as Chairman of Hindupur Municipality, in the year 1989. According to him, the familiarity between himself and the appellant has developed during the party meetings, and the appellant used to represent to him, that both of them can marry, since they belong to the same community, and that he can help her from coming out of the control of one Mr. Ramakrishna Reddy. He stated that the said Ramakrishna Reddy has spread rumor to the effect that the marriage between himself and the appellant took place on 26-12-1988, and that a letter has been extracted from him, to that effect, under coercion. He stated that on 30-12-1988 itself the appellant wrote him a letter, expressing regrets over the events, that have taken place on 26-12-1988.

(2.) The respondent has also pleaded that the appellant represented to him that her father is suffering from serious ailment and developed mental agony on account of the news about the alleged marriage, and that his health can be restored, if a certificate of marriage is produced, and accordingly asked him to sign on a letter addressed to the Registrar of Marriages. He stated that in the process, a certificate of marriage was procured on 01-03-1989.

(3.) The gist of the contention of the respondent was that himself and the appellant belong to Hindu religion, that too. Brahmin community, and there are stipulated norms and customs, such as Saptapadi, conducting of Homam, etc., for a marriage, and none of the rituals have been followed in their case. He stated that at no point of time himself and the appellant have lived as husband and wife, and that his marriage was fixed at the relevant point of time, with, one Usha. He has also stated that the appellant herself addressed many letters, stating that she has no objection for the marriage between the respondent and Usha.