Wednesday, 15 May 2013

Nobody signs on Marriage registration certificate without reading it


The Family Court held and rightly so that it was
not possible to believe the case of the appellant that his signatures
were fraudulently obtained on the marriage registration certificate and
the notice of intended marriage as had it been so the appellant would
have surely lodged a complaint in the Police Station to that effect or at
least issued a notice to the respondent immediately after 30/01/2009.
It is necessary to note that the appellant is an educated person and
had also admitted that he used to sign documents only after reading
and perusing them. It is, therefore, most unlikely that he would have
signed   on   the   marriage   registration   certificate   without   knowing   the
contents of the documents.  The appellant cannot deny his signature
on the marriage  registration  certificate  on  a flimsy  ground that the
signature of the appellant on that certificate is in English whereas on
the notice of intended marriage the signature appears to be in Marathi.
We have perused both the documents. Both the documents bear the
photographs   of   the   appellant.     The   appellant   has   signed   both   the
documents.  The signatures of the appellant as well as the respondent
on one of the documents are in English and on the other document
both of them have signed in Marathi.   This cannot be a ground for
holding that the appellant has not signed on the marriage registration
certificate.  The Family Court has rightly considered the evidence of the
clerk   from   the   Sub­Registrar's   office,   examined   on   behalf   of   the
respondent that on 30/01/2009 the appellant and the respondent were
married to  each  other  in the  office  of the  Sub­Registrar.   We find
nothing in the cross ­examination of either the respondent or the clerk
from   the   office   of   the   Sub­Registrar   to   falsify   the   case   of   the
respondent.   In   fact,   the   admissions   of   the   appellant   in   his   cross­
examination falsifies  his  case that fraud  was  played  on  him  by the
father of the respondent.  The admission of the appellant that he was
taken   to   the   office   of   the   Registrar   of   Marriages   for   signing   the
documents, his admission that he was educated up to 10th  Standard
and   he   did   not   sign   on   any   documents   without   reading   and
understanding   them   and   his   further   admission   that   he   had   never
lodged   any   report   or   initiated   any   action   against   the   father   of   the
respondent for the fraud practiced on him falsifies his case that fraud
was played on him by the father of the respondent.  The submission
made on behalf of the appellant that there is non compliance of the
mandatory provisions of Section 12 of the Special Marriage Act, 1954
and, therefore, the marriage, if any, is liable to be declared as null and


void is liable to be rejected for the simple reason that the appellant has
not  raised a plea in this regard in the petition.  It is not pleaded by the
appellant that the marriage, if any, was null and void as the parties to
the marriage had not said that they took each other as their lawful wife
and husband.   Since the issue sought to be  raised on behalf of the
appellant is not a pure issue of law and is a mixed issue of law and
facts, the  same  cannot  be  considered for the first time  in the first
appeal.


IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR.
FIRST APPEAL NO.270/2012
Naresh S/o Mangaldas Mehune, 

...VERSUS... 
Sangeeta D/o Gendlal Kambhale, 

­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­
CORAM : SMT. VASANTI A. NAIK &
A. B. CHAUDHARI, JJ.
DATED  : 08.08.2012
Citation; 2012(7)ALL M R 549

  
By this appeal, the appellant challenges the judgment passed by
the Principal Judge, Family Court, Nagpur on 15/09/2011, dismissing a
petition filed by the appellant under Section 25 of the Special Marriage
Act, 1954 for grant of a decree of nullity of marriage. 

Few facts giving rise to the appeal are stated thus ­
The   appellant   filed   a   petition   against   the   respondent   under
Section 25 of the Special Marriage Act, 1954 for grant of a decree of
nullity of marriage.  It was pleaded by the appellant in the petition that
he was an agricultural labourer residing with his father, who owned 5
acres of land in village Patgowari.  It was pleaded that the respondent
is also a resident of the same village and her father is a known criminal
and is also facing trials. With a view to extract money, the father of the
respondent had played fraud on several villagers of Patgowari and with
a view to dupe the appellant, the father of the respondent brought the
appellant to Nagpur on 30/01/2009 on the pretext that he had to sign as
a   witness   on   certain   documents.     However,   the   appellant   later   on
realised that the  signatures  of the  appellant  were  obtained for the
marriage registration by playing fraud on the appellant. It was pleaded
that at no point of time, the appellant had married the respondent.  It
was further pleaded that the alleged marriage with the respondent was
never consummated.  According to the appellant, one of the friends of
the   appellant's   father   made   an   enquiry   about   the   marriage   of   the
appellant with the respondent on 03/06/2009 and it is only then that the
appellant   became   aware   that   fraud   had   been   played   on   him   and

instead of getting his signatures on the documents as a witness, his
signatures  were  obtained for the  registration  of  his marriage.    The
appellant pleaded that with a view to legalise the marriage, the father
of the  respondent  namely  Gendlal  lodged  a false  complaint  in the
Police Station, Ramtek alleging that the appellant had failed to attend a
reception hosted by Gendlal after the solemnization of the marriage
because a demand of rupees two lakhs made by him was not fulfilled
by   Gendlal.     In   the   aforesaid   background,   the   appellant   sought   a
decree of nullity of marriage. 
The respondent filed the written statement and resisted the claim
of the appellant.  It was admitted that the parties resided in the same
village.  It was specifically denied that the father of the respondent was
a known criminal and was facing trials. According to the respondent,
the marriage was not registered at Ramtek as the appellant desired to
get it registered at Nagpur, as his family members did not desire that
the parties should get married and had opposed the marriage of the
appellant with the respondent. It was pleaded that after their marriage,
the parties resided together in the house of her father for some time.
The marriage was consummated.   It was pleaded that the appellant

declined to lead the marital life with the respondent only because of the
opposition from his family members.   The  respondent sought for the
dismissal of the petition. 
On   the   aforesaid   pleadings   of   the   parties,   the   Family   Court
framed the issues and on a consideration of the evidence tendered by
the parties, by the judgment dated 15/09/2011, dismissed the petition
filed by the appellant.  Being aggrieved by the dismissal of the petition
for grant of a decree of nullity of marriage, the appellant has preferred
the present first appeal. 
Shri   A.S.Chandurkar,   the   learned   counsel   for   the   appellant,
submitted that the  Family  Court  was  not  justified  in  dismissing the
petition filed by the appellant without considering whether the marriage
was   solemnized     as   required   under   the   provisions   of   the   Special
Marriage Act, 1954.  It is submitted on behalf of the appellant that the
provisions   of   Section   12   of   the   Special   Marriage   Act,   1954   are
mandatory and the marriage shall not be complete and binding on the
parties, unless each party  says to the other in the presence of the
Marriage Officer and three witnesses that he or she takes the other to
be the lawful wife or husband.  According to the learned counsel for the

appellant, since this was not done in the instant case, the so called
marriage  allegedly  performed  on  30/01/2009 was  not  complete  and
binding on the parties. It is submitted that the Family Court failed to
consider the material omissions and contradictions in the documents at
Exhibits­40 and 41. According to the learned counsel, in Exhibit­40, it is
mentioned   by   the   respondent   that   the   marriage   took   place   in   the
presence of family members of the appellant, whereas in Exhibit­41
there is an omission in regard to this material fact.  It is then submitted
on behalf of the appellant that the Family Court failed to consider that
the appellant had not signed on the certificate of marriage or the notice
of intended marriage as one of the signatures was in Marathi whereas
the other signature was in English.  According to the learned counsel, it
is because of Gendlal that the respondent being thrust on the petitioner
as his legally wedded wife though the appellant was never married to
the  respondent.   The learned counsel  relied on the judgment in the
case of Nirmal Dass Bose v. Km.Mamta Gulati reported in AIR 1997
Allahabad 401  to substantiate his submission that the provisions of
Section 12 of the Special Marriage Act, 1954 are mandatory and if the
parties do not state that they take each other as their lawful husband or
wife, the marriage would be null and void.

Shri Gaikwad, the learned counsel for the respondent, supported
the   judgment   passed   by   the   Family   Court   and   submitted   that   the
Family   Court   had   rightly   considered   the   documentary   evidence   on
record as also the admissions of the appellant in his cross­examination
to hold that the appellant had not proved his case that the signatures of
the appellant were fraudulently obtained on the marriage  registration
forms though the appellant was made to understand that he was to
sign  as  a witness  on  certain  deeds.   It  is  submitted that  since the
appellant and the respondent were in love with each other and since
the parents of the appellant were opposed to their marriage, at the
behest of the appellant, the marriage was registered at Nagpur.  It is
submitted that the Family Court has rightly considered the admission of
the   appellant   in   his   cross­examination   that   he   had   not   filed   any
complaint in the Police Station and/or had not taken any action against
the   respondent   for   fraudulently   obtaining   his   signatures   on   the
documents for registration of the marriage.  According to the learned
counsel, the respondent had examined a clerk from the Sub­Registrar's
office to prove the  marriage and on the basis of the documents proved
by him, the Family Court rightly believed the case of the respondent

that   the   appellant   and   the   respondent   were   legally   married   on
30/01/2009.  According to the learned counsel, the Family Court has
rightly appreciated the material evidence  on  record to hold that the
appellant was not entitled to a decree of nullity of marriage and hence
the first appeal is liable to be dismissed. 
On hearing the learned counsel for the parties and on a perusal
of the  original  record,  it  appears that the following  points  arise for
determination in this first appeal.
1) Whether the Family Court was justified in dismissing
the   petition   for   grant   of   a   decree   of   nullity   of
marriage ?
2) What order ?
To  answer the  aforesaid  points for  determination,  it  would  be
necessary to peruse the evidence on record. 
The   appellant   had   examined   himself   and   the   respondent
examined herself and the clerk from the office of the Sub­Registrar,
where the marriage was registered.  The appellant has reiterated the
facts pleaded in the petition in his evidence on affidavit and has stated
that   he   had   not   married   the   respondent   on   30/01/2009   and   his

signatures were obtained fraudulently for marriage  registration.   It is
stated that the appellant was brought to Nagpur by Gendlal­the father
of the respondent on the pretext that his signatures were required as a
witness on certain documents.  It is also stated that since the father of
the appellant owned substantial properties, the respondent's father had
a plan to get one of his three daughters married to the appellant.  He
stated that he had no knowledge that he had performed the marriage
with the respondent by signing on the documents in the office of the
Sub­Registrar.  The appellant admitted in his cross­examination that he
was educated up to the 10th  Standard and that he used to sign on
documents  only  after  reading  and  understanding them.    He further
admitted that he  did not  know that  he had  signed on the notice of
intended marriage on 23/12/2008. He also admitted that on 30/01/2009
he was taken to the office of the Registrar of Marriages at Nagpur.  The
appellant   admitted   that   he   did   not   know   that   the   father   of   the
respondent   arranged   the   reception   for   celebrating   the   marriage   in
Shree Gayatri Shaktipeeth at Nagpur on 03/06/2009.   The appellant
then  admitted that  he  had  not  reported to  any Police Station  after
30/01/2009   that   his   signatures   were   forcibly   obtained   by   the
respondent   and   her   parents   for   marriage   registration.   Till   date,

according to the appellant, he had not reported to any Police Station
and he had also not issued any legal notice to the respondent on the
ground that the marriage was performed by committing fraud on the
appellant.   The   appellant,   however,   denied   the   suggestion   that   the
photograph of the appellant and the respondent as husband and wife
was photographed at Rajni Studio.  He further denied the suggestion
that at the instance of his parents, he tried to avoid the marriage.
The respondent entered into the witness box and stated about
the performance of the marriage on 30/01/2009.  She stated that her
father had spent huge amount for hosting the marriage  reception on
03/06/2009   but   the   appellant   did   not   attend   the   same   due   to   the
opposition from his family members.  It was stated that the appellant
had   demanded   an   amount   of   rupees   two   lakhs   as   a   condition
precedent for attending the reception and since that amount could not
be paid by the  respondent's father, the appellant failed to attend the
reception and a false petition was filed.   She admitted in her cross­
examination that the parents of the appellant were not present at the
time of marriage.  Nothing was brought out from the cross­examination
of the  respondent to disbelieve her case in the examination­in­chief.

Apart from examining herself, the  respondent also examined a clerk
from the office of the Sub­Registrar.  He stated that the marriage of the
appellant  and the  respondent  was  solemnized  on  30/01/2009.    He
produced the original register containing the certificate of marriage in
the Court.  The marriage registration certificate as well as the notice of
the intended marriage dated 31/12/2008 were proved by this witness.
There was nothing in the cross­examination of this witness to falsify his
case in the examination­in­chief.  
On a consideration of the oral evidence of the parties and the
documents placed by the respondent on record, the Family Court came
to the conclusion that the appellant and the respondent were married
on 30/01/2009.  The Family Court held that the appellant had failed to
prove that the signatures of the appellant were fraudulently obtained on
the marriage registration certificate.  On a reading of the evidence of
the parties, it appears that the parties were married to each other on
30/01/2009 and the marriage was registered at Nagpur as the parties
were in love and the parents of the appellant were opposed to the
marriage.  The Family Court held that the respondent was successful
in proving that the appellant had suppressed the fact of performance of

marriage   from   his   family   members   and   hence,   the   marriage   was
registered at Nagpur.  The Family Court held and rightly so that it was
not possible to believe the case of the appellant that his signatures
were fraudulently obtained on the marriage registration certificate and
the notice of intended marriage as had it been so the appellant would
have surely lodged a complaint in the Police Station to that effect or at
least issued a notice to the respondent immediately after 30/01/2009.
It is necessary to note that the appellant is an educated person and
had also admitted that he used to sign documents only after reading
and perusing them. It is, therefore, most unlikely that he would have
signed   on   the   marriage   registration   certificate   without   knowing   the
contents of the documents.  The appellant cannot deny his signature
on the marriage  registration  certificate  on  a flimsy  ground that the
signature of the appellant on that certificate is in English whereas on
the notice of intended marriage the signature appears to be in Marathi.
We have perused both the documents. Both the documents bear the
photographs   of   the   appellant.     The   appellant   has   signed   both   the
documents.  The signatures of the appellant as well as the respondent
on one of the documents are in English and on the other document
both of them have signed in Marathi.   This cannot be a ground for

holding that the appellant has not signed on the marriage registration
certificate.  The Family Court has rightly considered the evidence of the
clerk   from   the   Sub­Registrar's   office,   examined   on   behalf   of   the
respondent that on 30/01/2009 the appellant and the respondent were
married to  each  other  in the  office  of the  Sub­Registrar.   We find
nothing in the cross­examination of either the respondent or the clerk
from   the   office   of   the   Sub­Registrar   to   falsify   the   case   of   the
respondent.   In   fact,   the   admissions   of   the   appellant   in   his   cross­
examination falsifies  his  case that fraud  was  played  on  him  by the
father of the respondent.  The admission of the appellant that he was
taken   to   the   office   of   the   Registrar   of   Marriages   for   signing   the
documents, his admission that he was educated up to 10th  Standard
and   he   did   not   sign   on   any   documents   without   reading   and
understanding   them   and   his   further   admission   that   he   had   never
lodged   any   report   or   initiated   any   action   against   the   father   of   the
respondent for the fraud practiced on him falsifies his case that fraud
was played on him by the father of the respondent.  The submission
made on behalf of the appellant that there is non compliance of the
mandatory provisions of Section 12 of the Special Marriage Act, 1954
and, therefore, the marriage, if any, is liable to be declared as null and

void is liable to be rejected for the simple reason that the appellant has
not  raised a plea in this regard in the petition.  It is not pleaded by the
appellant that the marriage, if any, was null and void as the parties to
the marriage had not said that they took each other as their lawful wife
and husband.   Since the issue sought to be  raised on behalf of the
appellant is not a pure issue of law and is a mixed issue of law and
facts, the  same  cannot  be  considered for the first time  in the first
appeal.   In any case, the  respondent did not have notice about the
aforesaid submission which is sought to be made for the first time in
the first appeal.  So also, we find that there is no material contradiction
in the documents at Exhibits­40 and 41 as canvassed on behalf of the
appellant.   Even  if there  is  any  omission,  it  is  so  insignificant  and
irrelevant that it would have no bearing on the issues involved in the
case. The judgment in the case of Nirmal Dass Bose v. Km.Mamta
Gulati  reported  on  AIR  1997  Allahabad  401  and  relied  on  by the
learned counsel for the appellant cannot be made applicable to the
facts of this case in the absence of any pleadings in regard the non
compliance of the mandatory provisions of Section 12 of the Special
Marriage Act, 1954. 

We find that the Family Court has considered the evidence in a
just  and  reasonable manner  and the  approach  of the Family  Court
deciding the Hindu marriage petition is absolutely just.   There is no
reason to interfere with the judgment of the Family Court in this first
appeal.  
In the  result, the first appeal is dismissed with no order as to
costs. 



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