This common judgment disposed of matrimonial appeals filed by both husband and wife against a decree of nullity of marriage. The High Court found no evidence of fraud regarding the husband's qualifications or property and dismissed both appeals.
MAT.APPELLATE APP Noah.376 of 2021
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE AMIT RAWAL
&
THE HONOURABLE MRS. JUSTICE C.S. SUDHA
TUESDAY, THE 21ST DAY OF NOVEMBER 2023 / 30TH KARTHIKA,
1945
MAT.APPEAL NO. 330 OF 2021
FROM THE DECREE AND JUDGMENT OF THE FAMILY COURT, MUVATTUPUZHA, IN O.P.NO.517/2017 DATED 07/01/2021.
APPELLANT:
NITHU JOSEPH, AGED 35 YEARS, D/O.JOSEPH, KUZHIKANDATHIL HOUSE, PAZHOOR EAST, PIRAVOM VILLAGE, PIRAVOM P.O., MUVATTUPUZHA TALUK (PETITIONER BEFORE COURT BELOW). BY ADVS. SABU JOHN G.BINDU RAJEEVU L.G. JOHN VARGHESE
RESPONDENT:
YASH THOMAS, AGED 39 YEARS, S/O.LATE THOMAS, ADVOCATE, JUSTICIA, JOSEPH RAPHEL BUILDING, SYRIAN CHURCH ROAD, NEAR HIGH COURT JUNCTION, ERNAKULAM, KOCHI - 31. (RESPONDENT BEFORE COURT BELOW) BY ADV SOMAN P.PAUL
THIS MATRIMONIAL APPEAL HAVING COME UP FOR FINAL HEARING ON 21.11.2023, ALONG WITH Mat.Appeal.376/2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Mat.Appeal Nos.330 and 376 of 2021
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE AMIT RAWAL
&
THE HONOURABLE MRS. JUSTICE C.S. SUDHA
TUESDAY, THE 21ST DAY OF NOVEMBER 2023 / 30TH KARTHIKA,
1945
MAT.APPEAL NO. 376 OF 2021
AGAINST THE JUDGMENT AND DECREE DATED 07/01/2021 IN
O.P.NO.517/2017 ON THE FILE OF THE FAMILY COURT,
MUVATTUPUZHA.
APPELLANT/RESPONDENT:
YASH THOMAS, AGED 40 YEARS, S/O.LATE THOMAS MANNULLY, JUSTITIA, JOS RAPHAEL BUILDING, SYRIAN CHURCH ROAD, ERNAKULAM 682 031
BY ADV SOMAN P.PAUL
RESPONDENT/PETITIONER:
NITHU JOSEPH
D/O.JOSEPH, AGED 35 YEARS, KUZHIKANDATHIL HOUSE, PAZHOOR EAST, PIRAVOM VILLAGE, PIRAVOM P.O., MUVATTUPUZHA TALUK, PIRAVOM 686 664, ERNAKULAM DISTRICT.
BY ADVS. JOHN VARGHESE SABU JOHN(K/838/1989)
THIS MATRIMONIAL APPEAL HAVING COME UP FOR FINAL HEARING ON 21.11.2023, ALONG WITH Mat.Appeal.330/2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Mat.Appeal Nos.330 and 376 of 2021
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AMIT RAWAL & C.S.SUDHA, JJ.
----------------------------------------------------Mat.Appeal Nos.330 and 376 of 2021 ---------------------------------------------------Dated this the 21st day of November, 2023
J U D G M E N T
Amit Rawal, J.
This common judgment shall dispose of Mat.Appeal Nos.330 of 2021 and Mat.Appeal No.376 of 2021 on behalf of the wife and the husband against the same judgment and decree dated 07/01/2021 in O.P.No.517/2017 on the file of the Family Court, Muvattupuzha, preferred by the wife. Both the parties are Christian by caste. Marriage, according to the averments in the petition filed by the wife for seeking nullity of the marriage by invoking the provisions of Section 18 and 19 of the Divorce Act read with Section 7(a) of the Family Courts Act, was performed on 24/08/2016 at Ernakulam district as per the Christian religious rites and ceremonies. After the marriage, they resided together as husband and wife in a house situated at Vyttila in Ernakulam. Before the marriage, husband had given a cosy picture to the wife that he was working as an Assistant Manager at Canara Bank, Asoka Road Branch in Mysore, owned an office near High Court of Kerala in a three storied building named James Raphel building and also in ownership and
Mat.Appeal Nos.330 and 376 of 2021
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possession of a house named, River walk Villa near Arattukadavu boat jetty, Vytila. Husband proclaimed to be a lawyer practicing in special field of maritime law and have a very good earning much less have landed properties in Kochi and 40 acres of land in Tamil Nadu as also good bank balance. But after the marriage, she came to know that neither he had any such property except that he was a lawyer nor has L.L.M degree or any bank balance of 9.5 crores. Therefore, there was misrepresentation and fraud and on that account nullity of the marriage was sought.
objection and set up a counter claim for compensation amounting to ₹32 lakhs on the ground that the wife was not agreeable for the marriage but it was performed at the instance of her parents. They did not live together nor there was any consummation of marriage. Sought declaration that there was no such marriage and claimed the compensation for causing mental agony and harassment. Both the parties were at variance and the learned Family Court framed the following points for consideration :-
Mat.Appeal Nos.330 and 376 of 2021
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nullity of marriage as sought for in the petition?
Mat.Appeal Nos.330 and 376 of 2021
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above, present appeals have been filed.
“ 18. Petition for decree of nullity .—Any husband or wife may present a petition to the District Court praying that his or her marriage may be declared null and void.
19. Grounds of decree. —Such decree may be made on any of the following grounds: — (1) that the respondent
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was impotent at the time of the marriage and at the time of the institution of the suit;
(3) that either party was a lunatic or idiot at the time of the marriage;
(4) that the former husband or wife of either party was living at the time of the marriage, and the marriage with such former husband or wife was then in force.
Nothing in this sectio n shall affect the 2 [jurisdiction of the District Court] to make decrees of nullity of marriage on the ground that the consent of either party was obtained by force or fraud.”
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record any prove with regard to the agony or damages suffered on account of wife having not lived with him or allegedly consummated the marriage. It is rightly so the court below rejected both the claims. If at all the parties were having such a rancour against each other, would have sought other reliefs like divorce but not in the manner and mode.
We do not find any illegality or perversity in the judgment and decree of the trial court. Both the appeals are dismissed with the aforementioned observation.
C.S.SUDHA JUDGE
Jms
3 issues framed by the court
Whether the husband has committed fraud or misrepresentation regarding his qualifications, property, or status.
Whether the wife is entitled to a decree of nullity of marriage under the Indian Divorce Act.
Whether the husband is entitled to compensation for mental agony and return of wedding expenses.
2 provisions across 2 enactments
Nithu Joseph
Yash Thomas
Amit Rawal
C.S. Sudha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
