ABRAHAM ANAND Vs. MERI MAMATA DAS

JUDGEMENT

(1.) The Court of learned Additional District Judge, 3rd Court at Malda has rejected the appellant's suit praying for a decree declaring the marriage dtd. 31/1/2010 solemnized with the respondent to be void. The suit was filed and numbered as Matrimonial Suit No. 432 of 2013 (MAT Suit No. 432 of 2013).

(2.) As per the plaint and appellant's deposition at the Trial Court, the facts which are not in dispute are that marriage was solemnized on 30/1/2010. Though this date was not disputed, the appellant/ plaintiff has come out with a case that the marriage was solemnized Calcutta High Court F.A. 167 of 2016 dt. 22/3/2024 per force and by resorting to deception. It is also the case of the appellant/plaintiff that the rites, ceremonies and customs of the Malda Baptist Church were not followed and that the marriage was solemnized by a person who was not having a valid license in terms of Sec. 5 of the Indian Christian Marriage Act, 1872. It is further case of the appellant/plaintiff that the marriage was not consummated.

(3.) Though there is pleading to the effect that the respondent has subjected the appellant/plaintiff to cruelty, no evidence has been led in this regard. The appellant/plaintiff has examined the Priest-in- Charge of the Church where the marriage was solemnized. He has deposed as P.W.2. His deposition reveals that he was authorized by the Bengal Baptist Union to conduct marriage ceremony and other Christian religious activities, at the relevant time when he was the President and Pastor-in-Charge of the Dakshin Dinajpur Baptist Union. The authorization in this regard vide letter dtd. 24/1/2008 was marked as Exhibit - 5.