PRABIR KUMAR MUKHERJEE Vs. MAITRAYEE MUKHERJEE

JUDGEMENT

(1.) This is a revisional application at the instance of the respondent husband of Matrimonial Suit No. 36 of 1977 of the 8th Court of Learned Addl. District Judge at Alipore and is directed against an order dated November 20, 1979 whereby an application for amendment of the petition for divorce under Sections 24 and 25 of the Special Marriage Act was allowed subject to payments of costs.

(2.) The suit was filed in June '1977 by the father of the petitioner's wife who was then alleged to be a minor. Subsequently however, on attaining majority the petitioner wife is continuing the suit on her own.

(3.) The case as originally made out and in so far as they are relevant for the present purpose may be stated thus: - Formerly the petitioner wife was a resident of New Alipore and while still a school going girl she picked up acquaintance with the respondent. Being immature in age and mind the petitioner became enamoured of the respondent who was reported to be an Engineering Graduate and a keen sportsman. The respondent used to write letters in endearing terms persuading the petitioner to meet him at different places. In course of such association the respondent came to know of the petitioner's wealth and affluence. The petitioner appeared at the Higher Secondary Examination in 1975 and came out successful. Thereafter the respondent started nagging the petitioner with proposal for marriage, took her to his residence and introduced her to his parents who also tried to persuade her in that behalf. The petitioner however expressed her unwillingness to marry the respondent without the consent of her parents. Sometimes after the petitioner with her parents moved to their present residence at Queen's Park. One day in January, 1977 the respondent took the petitioner to a house and made her a pose for photographs with the respondent. The petitioner out of fright and fear almost lost her senses. Since then the respondent started to blackmail the petitioner and threatened that unless she agreed to the proposal for marriage the photographs would be published in journals and exhibited in blue films. The petitioner literally broke down out of shame, fear and disgrace. On March, 1977 the respondent sent a man to the petitioner's college asking her to meet the respondent at once on a plea that something terrible had happened. The petitioner met him and being accompanied by some unknown persons went to the office of a Marriage Registrar where she was forced to sign some papers, the contents of which were not made known to her. Due to the threats held out at the time she had no alternative but to sing the papers. It is also her case that the purported marriage with the respondent on March 7, 1977 was void abinitio since on that date she was aged only 17 years 6 months and 4 days. It is further her case that the age given in the Form for Registration of Marriage is false, that the representation made by the respondent about his qualifications and age are untrue and that such false statements were made only to establish his worth as an agreeable bridegroom. It is further stated that immediately after the registration the petitioner was taken to the residence of the respondent and all the ornaments that she had with her were taken away with the object of exacting ransom from the petitioner's father who happens to be very affluent person. On such allegations she prayed for the reliefs under Section 24 and 25 of the Special Marriage Act.