Karnataka High Court
Smt Sheela vs Sri Manjunath on 12 January, 2023
Bench: Alok Aradhe, S Vishwajith Shetty
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MFA No.1493 of 2015
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 12TH DAY OF JANUARY 2023
PRESENT
THE HON'BLE MR. JUSTICE ALOK ARADHE
AND
THE HON'BLE MR. JUSTICE S. VISHWAJITH SHETTY
MISCELLANEOUS FIRST APPEAL NO.1493 OF 2015 (MC)
BETWEEN:
1. SMT. SHEELA
W/O MANJUNATH
D/O BASAVARAJU
AGED ABOUT 20 YEARS
MARASANAHALLI, MALUR HOBLI
CHENNAPATNA TALUK
MANDYA DISTRICT-571501.
Digitally signed ...APPELLANT
by RUPA V
Location: High (BY SRI. SUNIL S. RAO, ADV., (ABSENT))
Court of
Karnataka AND:
1. SRI. MANJUNATH
S/O H THIMMEGOWDA
AGED ABOUT 36 YEARS
NEAR MUDUGERE PLANTATION
BANGALORE MYSORE ROAD
MALUR HOBLI
CHENNAPATNA TALUK
MANDYA DISTRICT.
...RESPONDENT
(BY SMT. MANJULA P V, ADV., (ABSENT))
THIS MFA IS FILED U/S 28 OF HINDU MARRIAGE ACT
R/W ON 19(1) OF FC ACT, AGAINST THE JUDGMENT AND
DECREE DATED:8.1.2015 PASSED IN M.C.NO.69/2012 ON THE
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MFA No.1493 of 2015
FILE OF THE SENIOR CIVIL JUDGE, JMFC, CHANNAPATTANA,
RAMANAGAR DISTRICT, ALLOWING THE PETITION FILED
U/SEC 11(1)(1A) OF HINDU MARRIAGE ACT.
THIS APPEAL COMING ON FOR FURTHER HEARING, THIS
DAY, ALOK ARADHE J., DELIVERED THE FOLLOWING:
JUDGMENT
This appeal under Section 28(1) of the Hindu
Marriage Act, 1955 (hereinafter referred to as 'the Act')
has been filed against judgment and decree dated
08.01.2005 passed by the Trial Court in
M.C.No.69/2012 by which the petition filed by the
respondent under Section 11 of the Act seeking
dissolution of the marriage has been dismissed.
2. Facts giving rise to filing of this appeal briefly
stated are that the marriage between the parties was
solemnized on 15.06.2012. It is the case of the
respondent that after the marriage, he discovered that
the date of birth of the appellant is 06.09.1995 and
therefore, she was minor at the time of marriage. The
MFA No.1493 of 2015
respondent therefore, filed a petition on 30.08.2012
under Section 11 of the Act seeking a declaration that
the marriage is a nullity on the ground that the
appellant was minor at the time of marriage. The
appellant filed statement of objections in which factum
of marriage was admitted. However, all other
contentions in the petition were denied.
3. The Family Court, on the basis of pleadings of
parties, framed issues and recorded the evidence. The
respondent examined himself as PW-1 and marked
documents namely Ex.P1 to Ex.P3. The appellant did
not lead any evidence. The Family Court vide judgment
dated 08.01.2005 inter alia held that the date of birth of
the appellant is 06.09.1995 and the marriage was taken
place on 15.08.2012. It was therefore found that on the
date of marriage, the appellant was aged 16 years 11
months 8 days and had not completed 18 years as
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prescribed under Section 5(iii) of the Act. The Family
Court therefore concluded that the marriage is void
under Section 11 of the Act and declared the marriage
as null and void. In the aforesaid factual background,
this appeal has been filed.
4. We have considered the submission made by the
learned counsel for the appellant and have perused the
record. From the uncontroverted evidence on record,
specially birth certificate of the appellant namely Ex.P1,
it is evident that the date of birth of appellant is
06.09.1995. Thus, on the date of her marriage i.e. on
15.08.2012, the appellant had not attained the age of 18
years. Section 5 of the Act prescribes the conditions for
a Hindu marriage which requires the following
conditions to be fulfilled:
Section 5: Conditions for a Hindu
marriage - A marriage may be solemnized
MFA No.1493 of 2015
between any two Hindus, if the following
conditions are fulfilled, namely:
(i) neither party has a spouse living at the
time of the marriage;
1[(ii) at the time of the marriage, neither
party -
(a) is incapable of giving a valid consent to it
in consequence of unsoundness of mind; or
(b) though capable of giving a valid consent,
has been suffering from mental disorder of
such a kind or to such an extent as to be
unfit for marriage and the procreation of
children; or
(c) has been subject to recurrent attacks of
insanity;
(iii) the bridegroom has completed the age of
twenty-one years and the bride, the age of
eighteen years at the time of the marriage;
(iv) the parties are not within the degrees of
prohibited relationship unless the custom or
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usage governing each of them permits of a
marriage between the two;
(v) the parties are not sapindas of each
other, unless the custom or usage governing
each of them permits of a marriage between
the two".
5. Section 11 of the Act deals with void marriages
which provides that any marriage solemnized after the
commencement of the Act, shall be void and the Court
may on the petition presented by either of the parties
thereto, declare the same to be a nullity if it contravenes
the provisions of Clauses (i), (iv) and (v) of Section 5 of
the Act. Thus, it is evident that clause (iii) of Section 5
of the Act which provides that the bride has to be 18
years of age at the time of marriage, has been omitted
from the purview of Section 11 of the Act. Thus, Section
11 of the Act has no application to the fact situation of
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the case. The Trial Court has however failed to
appreciate the aforesaid aspect of the matter.
For the aforementioned reasons, the judgment
dated 08.01.2015 passed by the Trial Court in M.C.
No.69/2012 is set aside.
In the result, the appeal is allowed.
Sd/-
JUDGE
Sd/-
JUDGE
RV
