YOGESH THAKUR Vs. TEJAL Y. THAKUR
LAWS(BOM)-2018-8-91
HIGH COURT OF BOMBAY (AT: PANAJI)
Decided on August 08,2018

YOGESH THAKUR Appellant
VERSUS
TEJAL Y THAKUR Respondents

JUDGEMENT

C. V. Bhadang, J. - (1.) The challenge in this petition, is to the order dated 11.01.2018, passed by the learned Senior Civil Judge at Panaji, in Matrimonial Petition No. 5/2012/B. By the impugned order, an application Exhibit-D/74, filed by the petitioner, for amendment of the petition, has been dismissed.
(2.) The petitioner and the respondent were married in Goa, somewhere in October 2010 and the marriage is registered in the office of the Civil Registrar at Tiswadi, Goa. The second signature was made somewhere on 24.11.2010 and the Civil Registrar has issued a certificate of marriage bearing no. 123, certifying the registration of marriage. Unfortunately, the marriage ran into rough weather, shortly after its solemnization. According to the petitioner, the marriage was not consummated on the first night on account of the frigidity of the respondent. According to the petitioner, the respondent was a believer in the sect of "Brahmakumaris" and was against of allowing any physical relations being kept. As a result, there were no physical relationships between the petitioner and the respondent and the respondent was unable to fulfill any marital obligations. It is in these circumstances that the petitioner filed Matrimonial Petition No. 5/2012/B, for annulment of marriage, which is pending before the learned Senior Civil Judge at Panaji. It is the case made out in the petition that the petitioner hails from a respected family of the State of Goa, although, in para 2 of the matrimonial petition, it is claimed that the mother of the petitioner was from a village in Maharashtra, as well as the father of the petitioner was born at Mhapan village in Maharashtra on 23.10.1940. Incidentally, the father of the petitioner has expired on 10.06.2017.
(3.) The respondent resisted the petition and has raised a counterclaim for return of her gold ornaments and other articles, given in marriage and is also seeking maintenance of Rs.30,000/- per month.;


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