TAPAN RANJAN DAS Vs. JOLLY DAS

JUDGEMENT

(1.) This appeal is directed against the judgment and decree passed by the learned Additional District Judge, 10th Court, Alipore in Matrimonial Suit No. 51 of 1987. By the aforesaid judgment and decree, the learned trial Judge allowed the application made by the plaintiff respondent Smt. Jolly Das alias Moulik under S.25(iii) of the Special Marriage Act. The learned Judge held that the marriage between the said respondent and the appellant Tapan Ranjan Das was a nullity.

(2.) The case of the petitioner respondent Smt. Jolly Das alias Moulik is, inter alia, that she is a Hindu by faith and an Indian by nationality and she comes of a respectable family. Her father is a practicing doctor of good repute and the appellant Tapan Ranjan Das is also a Hindu and Indian by nationality and he is aged about 42 to 45 years. It is contended by the petitioner respondent Smt. Jolly Das that the said Tapan Ranjan Das was practically unemployed and to earn his livelihood he has opened a music coaching class at his residential address. Jolly was admitted in the music coaching class of Tapan and she was known to Tapan and his family members for a long time because the said Tapan Ranjan Das had acted as a 'tabalchi' of her elder sister when she had been learning music and song. Jolly also contended in her application under S.25(iii) of the Special Marriage Act that Tapan also participated as a tabalchi when Jolly used to learn guitar. On 24th October, 1986, Tapan asked Jolly to go with him to Calcutta to participate in a music competition in electric guitar so that she could get a chance in All India Radio and Tapan also stated to Jolly that for such purpose she was required to fill up certain forms so that she would be called for audition by the All India Radio Authority. It is the case of Jolly that as she had implicit faith in Tapan, without any hesitation she accompanied Tapan and came to Calcutta and according to the dictation and advice of Tapan she put her signature on blank forms without going through such forms and knowing the contents thereof. Tapan also did not explain anything to her. Jolly further contended in her application that Tapan was elder than Jolly by 22/23 years and Jolly had paid respect to Tapan as he acted as her music teacher and save and except such relation there was no other relation between Jolly and Tapan. It is also the case of Jolly that on 2nd March, 1987, Tapan asked Jolly to go to his house and on enquiry she was told by Tapan that there had been a lawful marriage between Tapan and herself and as such Jolly would have to live with him as husband and wife. It is contended by Jolly that she became dumbfounded on hearing this and disclosed the matter to her mother and other family members. On 4th March, 1987 the enquiry was caused by the members of the family of Jolly and they had been to the office where Jolly was brought on 24th October, 1986 and then they came to know that there was a formal marriage between herself and Tapan under the provisions of Special Marriage Act. Jolly has alleged that Tapan had practised fraud on her and there was also coercion and inducement made by Tapan to her for signing the blank forms on the representation that such forms were necessary for the purpose of getting audition for a programme in the All India Radio. Jolly has alleged that by practising fraud, coercion and undue influence Tapan procured the signature of Jolly on the blank forms without disclosing the contents thereof and she did not give any consent to the marriage and the certificate of marriage was obtained by Tapan by practising fraud, undue influence and misrepresentation. Accordingly, the said marriage should be declared as null and void.

(3.) The said Matrimonial Suit No. 51 of 1987 initiated on the application under S.25(iii) of the Special Marriage Act was contested by Tapan Ranjan Das, the appellant herein by filing written statement, inter alia, denying the allegation made in the petition. It is contended by Tapan that he is not aged 42/45 years but he is only 30/31 years old and he is not unemployed. He is permanently employed in Metal and Steel Factory as a technical hand and at that time he is getting a salary of Rs. 2,000/- per month. The Music Coaching Class at the residential house of Tapan is being run by the family members. It is also contended by Tapan that Jolly became known to him and during the period of free-mixing both of them earned mutual respect towards each other and they fell in love. As a matter of fact, Jolly herself insisted for registration of marriage and accordingly both of them went to Smt. Anita Bagchi, Marriage Officer in Calcutta on 2nd September, 1986 and requisite notices were signed by the parties. It is also contended by Tapan that Jolly deliberately suppressed the fact of signing of the notice in September, 1986. It is further contended by Tapan that by mutual consent of both parties the marriage was finally solemnised before the said Marriage Registrar on 24th October, 1986 and both the parties signed the requisite papers for registration of marriage. Tapan has disputed the allegation that any fraud, undue influence or coercion was exercised by Tapan by falsely alleging that for getting an audition in All India Radio she had to go to Calcutta and had to sign requisite papers. It is contended that such statements are absolutely false and imaginary. It is also stated by Tapan that it is also ridiculous that Jolly being an educated person could not understand the contents of the Marriage Registration forms which she had signed. Tapan has alleged that on 19th February, 1987 the father of Tapan had died and 'Sradh' ceremony was held in March, 1987. An invitation card in connection with 'Sradh' ceremony was handed over by Tapan to the parents of Jolly. Tapan denied that he disclosed for the first time on 2nd March, 1987 to Jolly that she was his married wife. Tapan has alleged that the allegation of fraud, coercion and undue influence is absolutely false and figment of imagination and the same cannot be believed and accepted.