Case Note & Summary
The appellant, a woman, filed a petition in the Family Court at Mumbai seeking a declaration that she was not the legally wedded wife of the respondent and that the purported marriage between them be declared null and void. She alleged that she never consented to the marriage and that the marriage certificate was obtained fraudulently without her knowledge or presence. The Family Court dismissed her petition, holding that she failed to prove the absence of consent. Aggrieved, she filed the present appeal before the Bombay High Court. The High Court examined the evidence, including the appellant's consistent denial of the marriage and the circumstances surrounding the registration. The court noted that the marriage certificate showed the appellant's signature, but she denied signing it and there was no independent witness to the ceremony. The court also considered that the respondent did not appear to contest the appeal despite service. The High Court held that the appellant had discharged her burden of proof by her testimony and the lack of corroborative evidence from the respondent. The court found that the marriage was void ab initio for want of free consent and allowed the appeal, setting aside the Family Court's order and declaring the marriage null and void.
Headnote
A) Family Law - Nullity of Marriage - Lack of Consent - Section 12(1)(c) Indian Divorce Act, 1869 - The appellant sought declaration that she was not legally wedded wife of respondent and that purported marriage be declared null and void on ground that she never consented to marriage and marriage certificate was obtained fraudulently - Family Court dismissed petition holding that appellant failed to prove absence of consent - High Court reversed finding, held that appellant's consistent denial of marriage and evidence of fraudulent registration established lack of consent - Held that marriage is void ab initio for want of free consent (Paras 1-20).
Issue of Consideration
Whether the marriage between the appellant and respondent is null and void on the ground that the appellant never consented to the marriage and that the marriage certificate was obtained fraudulently without her knowledge or presence.
Final Decision
Appeal allowed. The judgment and decree of the Family Court dated 17/11/2004 is set aside. The marriage between the appellant and respondent is declared null and void.
Law Points
- Marriage nullity
- lack of consent
- fraud
- void marriage
- Family Court appeal
- burden of proof
- presumption of marriage
- Section 12 Indian Divorce Act
- Section 25 Special Marriage Act
