Allowed

Smt Gangamma v. Sri C Krishna

Karnataka HC16 Oct 2020MFA/274/2016

Case brief

AI extract

What is this about?

High Court allowed the appeal against the Family Court's dismissal of a suit seeking declaration that a marriage was null and void. The Court held that the uncontested allegation of fraud, combined with documentary discrepancies in identity and residence, rendered the impugned judgment erroneous.

What did the court decide?

Impugned judgment and decree set aside; appeal allowed; marriage declared null and void.

Smt Gangamma Vs Sri C Krishna — Matrimonial and Divorce | Karnataka HC (2020)

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 16^TH DAY OF OCTOBER, 2020

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PRESENT

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THE HON’BLE MRS.JUSTICE B.V.NAGARATHNA

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AND

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THE HON’BLE MR.JUSTICE N.S.SANJAY GOWDA

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M.F.A.No.274/2016 (FC)

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BETWEEN:

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Smt. Gangamma, Daughter of late Venkatesha, Wife of Late Lakshminarayana, Aged about 37 years, Residing of No.182, NA RA Colony, KEB, Anekal Taluk, Bengaluru District. … Appellant (By Sri. A.Shivarama, Advocate) AND:

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Sri. C Krishna, Son of Chowdappa, Aged Major, Residing of No.3-5, 3^rd Cross, Annamma Temple Street, Gandhinagar, Bengaluru – 9. … Respondent (Respondent is served and undrepresented)

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This appeal is filed under Section 19(1) of the Family Courts Act against the Judgment and Decree dated:16.12.2014 passed in O.S.No.298/2013 on the file of the II Additional Principal Judge, Family Court, Bengaluru, dismissing the suit filed under Order 6 Rule 1 & 2, read with Section 26 of CPC.

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This appeal coming on for orders this day, SANJAY GOWDA, J., delivered the following:

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JUDGMENT

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This appeal is filed by the plaintiff in O.S.No.298/2013, being aggrieved by the dismissal of

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the suit filed by her seeking a declaration that her marriage is null and void and for other incidental reliefs passed by the II Additional Principal Judge, Family Court, Bengaluru, dated 16/12/2014.

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The appellant/plaintiff filed the suit to declare

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that her marriage was null and void. It was contended by her that she had married one Lakshminarayana on 22.03.1999 at Chikka Thirupathi and out of this wedlock

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they had two children namely, Tususiraj and Sowmya, who were majors and Sowmya was in fact married. She

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stated that her husband Lakshminarayana was working

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as an Attender at the Municipal Office of Chikkanayakanahalli, Tumakuru District and due to ill-health, he passed away on 14.05.2007 and due to his untimely death, she had sought for appointment on compassionate ground.

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She stated that at that time, the defendant

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who was a distant relative and who was working in the same department as a D Group employee, came forward to help her in securing a job and she ultimately secured a job in the year 2008 and started working in Chikkanayakanahalli Municipal Office.

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She stated that she got transferred to Anekal and the defendant got in touch with her and he had brought her to Bengaluru and taken her to some office and made her to put her signature on certain joint photographs of herself and the defendant and also on some typed papers which were in English. She stated

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that she was informed by the defendant that the joint photographs and signatures were for the purpose of availing a bank loan, for which she would stand as surety and she believed his words. She further stated that subsequently, she was shocked to find out that the defendant was willfully spreading news that she was married to the defendant and that point of time she came to know that she had been cheated by the defendant by manipulated documents he had obtained in that regard. She stated that she also lodged a complaint and she had highlighted the fact that in the records created by the defendant her name was shown as “V.Gowramma” D/o Venkatesha whereas her real name was “Gangamma”. She also stated that the records created by the defendant contained the address in which the appellant/plaintiff never resided and hence, it was clear that the defendant had played fraud on her and had taken advantage of her innocence. She therefore, contended that there was no marriage at all between

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herself and the defendant on 21.09.2008 and hence, she was entitled for declaration that the so called marriage as null and void.

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The defendant was served with the summons and entered appearance through his counsel. However, he did not choose to file any written statement and did not contest the suit at all.

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The plaintiff examined herself as PW.1 and got marked 5 documents.

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Though, there was no contest, the Trial Court proceeded to hold that the plaintiff had failed to prove that her marriage with the defendant was vitiated by fraud and that she had not able to prove that no marriage had taken place and it accordingly proceeded to dismiss the suit.

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Being aggrieved by the said dismissal, this appeal has been preferred.

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In this appeal despite service of notice, the

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respondent has chosen to remain absent.

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Learned counsel for the appellant contended

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that when there was no contest at all to the assertions in the plaint, the Family Court could not have dismissed the suit. He also contended that the marriage registration certificate clearly indicated that fraud had been played on her by the defendant inasmuch as the name of the appellant was shown as “V. Gowramma D/o. Venkatesha”, when, in fact, her name was “Gangamma” and she was the wife of Lakshminarayana. He submitted that having regard to the fact that the appellant had been married and had two major children, which had been established by the production of, Voter ID Card, Ration card and also the death certificate of her husband i.e. Lakshminarayana, the Family Court could not have dismissed the suit.

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He contended that the reasoning of the Family Court that since the declaration in Form No.2 had not been produced by the appellant, her contention regarding the void marriage could not be accepted was incorrect. He further submitted that the said Form No.2 had in fact been produced in this appeal along with an application and this further established that she had been cheated.

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Having heard learned counsel for the appellant, the following points would arise for our consideration:

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(i) Whether the impugned judgment and decree of the Family Court, passed in O.S.No.298/2013, dated 16/12/2014 calls for any interference in this appeal?

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(ii) What order?

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We have considered the submissions of the

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learned counsel for the appellant and we have also

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perused the material on record including the Family Court records. We have also taken on record and perused I.A.No.1/2020 which has been filed for production of additional documents.

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It is an indisputable fact that the assertion of the plaintiff in the plaint that she was tricked into signing certain forms and certain photographs on the belief that the same were for the purpose of availing a loan, was not at all denied by the respondent/defendant despite entering appearance through a counsel.

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In a suit, when specific allegations of fraud had been pleaded and the same was uncontested, in law, the same would amount to an admission of the assertion of the plaintiff. It is therefore clear that plaintiff’s assertions regarding fraud played on her by the defendant were basically being admitted by the

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defendant.

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In our view, in the facts of this case, once fraud was alleged by the mother of two major children that she had been tricked into signing on some forms and on some photographs and the same were not denied by the defendant, the Trial Court could not have ventured to give a finding that there was no fraud played on the plaintiff.

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The Family Court has also failed to take into consideration that the marriage registration certificate which had been produced at Ex.P2 certified that one “V.Gowramma D/o. Venkatesha” had married the defendant, while voter card and ration card produced by the plaintiff indicated that her name was “Gangamma” and not “Gowramma” and in both these documents she had been shown to be the wife of Lakshminarayana.

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The Family Court also failed to notice that Ex P-2 indicated that her residence was stated to be at Gandhinagar, Bengaluru, while her Voter ID card and

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Ration Card indicated that she was the wife of one Laxminarayana and she was a resident of Anekal. In our view, the non consideration of these documents has rendered the judgment of the Family Court erroneous.

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We have also perused the declaration which had been submitted before the Registrar of Marriage, which is produced along with an application in this appeal and the said Declaration also indicates that the name of the bride is stated to be V. Gowramma and that she was unmarried. The said appalication is hence taken on record and allowed.

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As stated above the plaintiff had produced documents to show that she was the widow of Laxminarayana and she was having two children out of the said marriage and in the light of the documents, the registration of a marriage, made on the basis that she was V.Gowramma D/o. Venkatesha can not be considered to be a valid document evidencing her

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marriage with the defendant. Consequently, it is will have to be held that the marriage sought to be registered was a marriage which had never taken place.

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In view of the aforesaid discussion, point No.1 is answered in favour of the appellant.

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In the circumstances, the impugned judgment and decree of the Family Court is set aside. The appeal is allowed. The marriage between the parties on 21.09.2008 and thereafter registered is declared to be null and void.

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Parties to bear their respective costs.

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Sd/JUDGE

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Sd/JUDGE

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KTY

Smt Gangamma v. Sri C Krishna

Case brief

What is this about?

What did the court decide?

Smt Gangamma v. Sri C Krishna

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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