ROMANA Vs. MANZOOR AHMAD BHAT

JUDGEMENT

(1.) THIS case warrants bringing back to memory the concern expressed by the Supreme Court in Gaurav Nagpal v. Sumedha -Nagbal, : (2009) 1 SCC 42, relating to alarming increase in matrimonial discords and the serious impact thereof on the children. The Supreme Court in that case succinctly drew a comprehensible picture of the ill effects of the menacing tendency in the society in the following words:

(2.) THE respondent herein, i.e., the husband of petitioner No. 1, filed a suit for declaration and permanent injunction before the Court of 1st Additional Munsiff, Srinagar, for the following reliefs:

(3.) PETITIONER No. 1 in her written statement to the aforesaid suit averred that the proposal of marriage between, her and respondent was floated in October, 2009 and it was on 02.11.2009 that ring ceremony for performed. After the engagement, respondent used to give phone calls to her and the two used to meet out of their respective homes either with their family members or separately. As the days passed, intimacy between her and the respondent grew more and more and the frequency of their meetings also increased. On 20.02.2010, the respondent took her in his tinted vehicle to an isolated place near New Era Public School, Raj Bagh, Srinagar, influenced her for love making, and, under the compelling circumstances, which were beyond her control, she surrendered to the physical intimacy of the respondent with a bona fide belief of being his wife. Thereafter, on 16.03.2009, she felt drowsiness at her residence and immediately informed the respondent about the symptoms of pregnancy, on which she alongwith the respondent had a consultation with a Doctor. The respondent pacified her with a promise that he will take immediate and effective steps for fixing early date for marriage so that the birth of the child would not be doubted by any person. The Nikah and marriage followed as mentioned above.