SANJAY Vs. MISS EVELINE JOBE

JUDGEMENT

(1.) This revision petition under section 115 of the Civil Procedure Code 1908 (for short 'the Code') is directed against the order dated 17-7-86 passed by the District Judge, Indore in C S. No. 9/86 whereby it has been held that the non-applicant's application under section 36 of the Special Marriage Act, 1954 (for short 'the Act') is tenable.

(2.) Circumstances giving rise to the petition are these. There exists a certificate of marriage dated 1-3-86, issued by the Marriage Officer Calcutta and 24 Parganas under section 16 of the Act. According to this certificate the ceremony of marriage has been performed between the parties and that they had been living together as husband and wife, since the time of their marriage. The marriage had been registered with effect from 6-10-85.

(3.) The petitioner instituted the regular Civil Suit against the non-applicant claiming the relief of declaration that no marriage ever took place between the parties and that the certificate of marriage is null and void and without any legal effect also without jurisdiction. It is also styled as a petition under the Act.