SANJAY MISHRA Vs. EVELINE JOBE

JUDGEMENT

(1.) This appeal is directed against judgement dated 31-7-91 passed by the 10th Addl. District Judge, Indore, in civil suit No. 19-A/90, dismissing plaintiff-appellant's suit for declaration that no marriage had taken place between him and respondent Miss Eveline Jobe and the marriage certificate (Ex. P.1) dated 1-3-86 issued by the Marriage Officer, Calcutta and 24 Parganas, was null and void.

(2.) Admitted facts of the case are that the plaintiff-appellant born on 2-3-63 is a Hindu by religion. His parents are also Hindus by religion. At the time of alleged marriage he had completed 23 years; while the defendant respondent who is Christian by religion was about 30 years of age in the year 1985-86. Her parents are also Christian by birth. It is the appellant's case that sometime in the month of March, 1986 the defendant-respondent started distributing photo-copies of marriage certificate (Ex. P. 1) amongst friends and also filed complaint in the Court of Sub-Divisional Magistrate, Indore, complaining that the plaintiff-appellant who was her husband had been wrongfully detained by his parents. Having come to know of such complaint being filed, the plaintiff-appellant on his own appeared before the said Court at Indore and submitted that he had never been wrongfully detained by his parents. He had also sworn an affidavit to the effect that he had never married the defendant-respondent. As an off shoot of these proceedings he also filed a civil suit in the Court of District Judge, Indore, seeking a declaration to the effect that no marriage took place between the plaintiff and the respondent, coupled with the prayer that the certificate of marriage dated 1-3-86 issued by the Marriage Officer, Calcutta and 24 Pargana was null and void and the registration of the said marriage was of no effect. The appellant has detailed the circumstances under which he was forced to sign the marriage application form under threat and intimidation in the Court of the Marriage Officer, Calcutta and 24 Pargana; although as a matter of fact no marriage as such had ever taken place between the two.

(3.) It was the appellant's case that his signatures were obtained under threat of committing suicide by the defendant-respondent in addition to force and coercion. He further pleaded that even under the law no Hindu marriage could take place between the plaintiff and the respondent and the Marriage Officer had not complied with the provisions of S. 16 and that she had no territorial jurisdiction.