SUNDER LAL SONI Vs. NAMITA JAIN

JUDGEMENT

(1.) In this appeal under Section 19 of the Family Courts Act, 1983, the non-applicant/appellant has called in question the defensibility of the judgment dated 21st day of September 2004 passed by the learned Judge, Family Court, Jabalpur in Civil Suit No. 85-A of 2001 (new No. 179-Aof 2002).

(2.) Shorn of unnecessary details, the facts which are essential to be stated are that the applicant/respondent wife filed an application under Section 12 (1) (c) of the Hindu Marriage Act (for short the Act) for annulment of her marriage performed with the non-applicant/appellant/husband and to pass a decree of nullity. It was pleaded in the application that she was a student of Post Graduation course and the appellant husband is a Vaidya and also engaged in astrology. The mother of the respondent wife was a patient of high blood pressure and her father a diabetic for many a year. Her parents used to have the treatment from the appellant husband who was practicing both Ayurvedic and Homoeopathic medicines. The respondent wife used to accompany her parents to the Dispensary of the appellant husband. As situation would have it, she used to go to the Dispensary of the appellant husband alone to fetch medicines for her parents. On some occasions, she was told that there was every chance of her suffering from diabetes in future and further her future was dark. The appellant husband saw her horoscope and informed her that there would be great loss to her father in his business and she would be required to seek a job. He predicted that there will be two marriages in her life. In view of the aforesaid prediction, the respondent wife got scared and sought the advice of the appellant husband to escape from such a situation. At that juncture, the appellant husband Impressed her that the problem that is seen in her horoscope could be avoided if she performs a false marriage with him and thereafter take a divorce. He also impressed the respondent wife that he was competent to perform such false marriage. The respondent wife being in a total desperation, agreed for the same and accordingly the marriage between the appellant and the respondent was performed at Ayurvedic Samaj Mandir, Satna Building, Jabalpur on 24/11/2000. The appellant husband further assured the respondent wife that he would arrange a job for her through his resources and shall prepare necessary documents and obtained her signatures in blank papers. After obtaining the signatures of the respondent wife on blank papers, the appellant husband started black-mailing her on telephone by informing that he had some letters written by her on 26-2-2001 and demanded rupees one lac from her. The appellant husband told her that if she would not accede to his demand, he would disclose the fact of her marriage and get her and her family members defamed. Being a worried situation, the respondent wife apprised of the same to her parents, uncle and cousins and the matter was reported at the Police on 27/2/2001. It was alleged that the appellant husband was aged 55 years but he informed the respondent wife that he was 40 years. It was also told to her that his wife expired in 1999 and in the first wedlock, no child was born. After lodging the report with the police, the respondent wife came to know on enquiry that the appellant husband had four major daughters and one major son from his first wife which was suppressed by him from the respondent wife before performance of marriage and thus as the consent was obtained by the appellant husband by fraud, the marriage performed on 24/1/2000 is a nullity.

(3.) The appellant husband entered contest and filed a written statement denying the assertions made by the respondent wife contending interalia that he had prepared the horoscope that had predicted that the respondent wife would have gyaenic problem but never advised her to go for a job or arrange a job for her. Obtaining of signatures of the respondent wife on blank papers was disputed by him. The allegation of blackmailing on telephone has been seriously disputed. It was pleaded before the Family Court that the respondent wife used to visit his dispensary very often and pass hours with him and eventually fell in love and proposed to enter into marriage with him. She was impressed with his status and understanding of astrology and became his admirer and a devotee. She had full knowledge about the members of the family of the appellant husband and on her consent, the marriage was performed in presence of many a witness. It was the further case of the appellant husband that he had clearly disclosed to her that he was a widower, aged 55 years and had four grown up daughters and a major son and it would not look appropriate if the marriage between her and him was solemnized but the adamantine attitude of the respondent wife to go for marriage with the appellant husband without caring for the opposition of her parents which made the appellant husband to accept the proposal and eventually the marriage was performed with the free consent of the respondent wife. The allegation of fraud or coercion was totally disputed.