Marriage Null and Void
Madurai bench: The mistake about religion will be a representation of material facts and will affect Marriage validity, Madurai bench of Madras High Court observed while allowing a petition submitted by a man who was looking for a declaration between him and a woman null and canceled.
The court heard the petition submitted by P. Sivakumar of Nagercoil who looked for directions to declare Marriage Validity between him and one S. Beula Null and Void. The applicant said that the female family had represented themselves as Hindu. However, the record of the woman from the education institution showed that she was a Christian.
Hindu ritual became Marriage Validity Null and Void
Approval for marriage is obtained by suppression of material facts, religion. The applicant said that a Hindu marriage could be held or only carried out between two Hindus and argued that the marriage was held in 2003 between a Hindu and non-Hindus according to the Hindu ritual became Marriage Validity Null and Void.
Mistaken about religion when Marriage Validity could not be set.
Additional subordinate judges, Nagercoil, and district judges, Kanniyakumari, decided to support the woman and stated that mistaken about religion when Marriage Validity could not be set. The applicant filed an appeal by the court order before the High Court.
Documentary evidence
Justice R. Subramanian records facts about a number of documentary evidence available above the case to prove that the woman is a Christian at birth and she practices Christianity throughout her life. This is evidenced by undeniable documents in the form of records of educational institutions, the judge said.
Description as a Christian in an Educational record
Even though the woman claimed that it was a mistake that she was described as a Christian in an educational record, the judge said that once the fact that there was a wrong description recognized, it was for the person, who claimed that the wrong description was the result of mistakes, to prove the thing same.
Observed the Marriage Validity was null and void
Seeing the available evidence on the record, the judge said that the court was limited to hold on that the woman did not establish a defense of mistakes raised by it. The court below was not right in placing the burden proves mistakenly in the man and concluded that he had not spent a burden, said the judge.
The court below does not appreciate the evidence available on record and chooses to ignore important documentary evidence. The findings of the court below must be set aside, the judge said and observed that the Marriage Validity was null and void. The petition was scrapped.
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