PAYAL CHOUDHURY Vs. PRADIP DAS

JUDGEMENT

(1.) The appellant herein fell in love with the respondent (husband) without knowing his background and without knowing the fact that the boy was a fraud. He deposed himself as a big businessman and the girl believed him and they got married under the Special Marriage Act, 1955. Thereafter, they did not live together as husband and wife. Sometime thereafter when the girl came to know the real colour of her husband, she filed a suit before the Family Court at Guwahati for a decree of nullity of the marriage. The application was filed under Section 25 of the Special Marriage Act, Section 24 of the Special Marriage Act provides for voidable marriage and Section 25 provides for voidable marriage. The grounds as provided in Section 25 are as follows:-

(2.) From the pleadings as well as the evidence on record and the admission in the affidavit (wife) about the marriage was obtained by fraud and as such this matter squarely comes within Clause (iii) of Section 25 as quoted above.

(3.) Mr A.S. Choudhury, learned counsel for the appellant has placed before us a decision of the Supreme Court in the case of Jolly Das (Smt) Alias Moulick-Vs-Tapan Ranjan Das (1994) 4 SCC 363. That was a case in which consent was obtained by feud. The husband took the signatures on certain blank forms without apprising her of their contents and later, on verification marriage certificate was issued by the Marriage Officer. The appellant at that point of time was a young and an inexperienced college student of 19 years belonging to a respectable family while respondent a grown-up man teaching music to appellant. There was no marriage ceremony of the girl and accordingly, relief was given.