SHAIK MAHAMMED RAFI Vs. GRANDHI POORNA SEETHA MANOJA

JUDGEMENT

(1.) Aggrieved by the order and decree dated 07.08.2013 passed by the Additional Senior Civil Judge, Narasaraopet, Guntur District, in H.M.O.P.No.106 of 2011 filed by Smt. Grandhi Poorna Seetha Manoja under Section 12 of the Hindu Marriage Act, 1955 (for brevity the H.M. Act) to declare her marriage performed on 15.08.2008 at Srisailam with the respondent therein -cum -appellant herein, by name Shaik Mohammad Rafi, as null and void, since allowed, the appellant herein maintained the present appeal under Section 28 of the H.M. Act.

(2.) The contentions in the grounds of appeal are that, the impugned order is contrary to law, the learned trial Judge failed to consider the very maintainability of the claim under Section 12 of the H.M. Act, that too for having not been filed petition within one year from the date of the marriage on the ground of the alleged force and for having lived with him and lead marital life subsequent to the undisputed marriage performed on 15.08.2008 till 05.09.2009, when she was taken from the house of the appellant and also for the reason that she was born on 25.08.1991 as per her SSC Certificate and the claim that she is a minor to annul the marriage thereby also is untenable, apart from no alleged force much less against her will, further without any police report, if at all there is any truth in between either of her or by her father and that falsifies the entire pleading in support of the claim, that the trial Court failed to appreciate all these facts and circumstances and the oral and documentary evidence in reference thereto, in particular, for the petition allegations of fraud or force or threat or coercion, there is no material but for the evidence of P.Ws.1 and 2, that the main focus of the evidence of P.Ws.1 and 2 is on money and properties of them and to get rid of the appellant on one or the other technical grounds, that without even obtaining divorce from the appellant, the respondent again in marrying one Kanram Ramu @ Sitaramudu shows the character of her and her father, that the trial Court also failed to see that it is at the instance of the petitioner and her parents, he was converted from his Muslim religious community to Hindu religion in the presence and consent of elders of both sides and by given him in adoption to one Chaluvadi Venkata Subba Rao and Kameswari and through them in performing the marriage with the respondent as per Hindu rites and customs, which all establish the defence of the appellant before the trial Court, also from his evidence as R.W.1 with reference to Exs.R.1 to R.8 and that all belies the claim of his wife and her evidence as P.W.1 and of her father P.W.2, and Exs.P.1 to P.23, that the trial Court ought to have seen that P.W.1 deposed before Additional Munsif Magistrate Court, Chilakaluripeta, in C.C.No.342 of 2009 of the appellant/husband never harassed her during their one year marital life together in the same roof willingly and thus, the impugned order of the trial Court declaring the marriage as null and void is nothing but on imaginary and baseless finding without proper appreciation of the version of the petitioner/wife proving to be untrue and ingenuine and outcome of wrong conclusions and findings and by not adverting to the requirement of finding of no fraud and no coercion and hence to set aside the same by dismissing the claim in H.M.O.P.No.106 of 2011 of the trial Court.

(3.) It is the contention of the learned counsel for appellant/husband in support of the above, that the marriage was undisputedly performed on 15.08.2008 and the respondent/wife was taken from the company of the appellant/husband on 05.09.2009, till then they lived together happily after his conversion to Hindu religion and was given in adoption to one Hindu Vysya couple viz., Chaluvadi Venkata Subba Rao and Kameswari and the petition was filed on 15.07.2010, later numbered as H.M.O.P.No.106 of 2011 and by then, she was aged about 17 years and from 05.09.2009 when the force ceased, for nothing to continue after she was taken out from his company, if at all to allege anything happened earlier, there is no explanation for nearly ten months after 05.09.2009 till filing of petition on 15.07.2010 for annulment of marriage and the cause of action is also as vague as anything in the claim and that, in fact, the petitioner and respondent prior to the marriage performed on 15.08.2008, though of different religions, they fell in love and after agreed to marry, he was converted and given in adoption and the marriage under Hindu Law was performed supra at Srisailam temple and even the petition averments under Section 12 of the H.M. Act, at para -3, no way shows the consent of her or her parents obtained by force or fraud, much less as to any material fact or circumstance concerning him or her and the allegation of any fraud by him much less to the alleged idea to knock away her property or of her parents; same is even baseless for the fact that, her parents obtained documents from her before the date of marriage and it is only conceived for the petition purpose as if the appellant and his brother boosted about their financial status of possessing of properties in and around Chilakaluripeta and at Chennai, for nothing to say that they did not enquire and he did not possess, and so far as his qualification and job, he worked and in subsequent liquidation or shifting of any entity where he worked that is not a ground to say that he never worked, much less not possessed any qualification, and the so called Birth Certificate dated 28.11.1991 of the petitioner obtained from Chilakaluripeta Municipality is ingenuine, but for her SSC age proof of 25.08.1991 that is correct, that the alleged threats with dire consequences in performing the marriage of the appellant with the petitioner/wife are untrue and conceived only for the purpose of petition claim, with no whisper had there been any truth much less by any complaint to police and thereby the documentary evidence, placed reliance under Exs.P.1 to P.23, no way shows that there is any fraud played by the appellant much less to give cause of action therefrom to seek for annulment, apart from no force, as referred to supra, and sought for allowing the appeal, as prayed for.