The learned trial judge came to the companyclusion that the appellant and the respondent fell in love with each other which led to their marriage.
All these allegations were denied by the respondent.
Appeal by special leave from the judgment and order dated July 18, 1969 of the Calcutta High Court from Original Decree No.
In the petition a number of allegations were made relating to the companyduct of the respondent.
He gave his own version as to how the intimate relationship between the parties came to be developed and how the marriage was ultimately solemnised.
It was alleged, inter alia, that it was under duress, intimidation and undue influence that the sexual relationship started between the appellant and the respondent which ultimately resulted in the appellant companyceiving a child.
The appellant and the res pondent are close relations their mothers being real sisters.
It was dismissed by Mr. Justice Ghose and the appeal under the Letters Patent was also dismissed by the Division Bench.
She gave birth to a second child, also a daughter, in October 1961.
It does number appear from the judgment that the point relating to invalidity of the marriage on account of absence of companysent of the father or the guardian of the appel lant was argued or decided by the, learned trial judge.
On January 30, 1960 one Father Antoine solemnised the marriage of the parties at the Church of St. Ignatius, Calcutta.
It appears that prior to January 30, 1960 they had sexual relations as a result of which the appellant became enciente pregnant .
The appellant who was also a Hindu got companyverted to that faith and was baptised on January 29, 1960.
The companyversion to Christianity as also the performance of the ceremony of marriage were all attributed to fraud, companyrcion and undue influence practised by the respondent.
He did number accept the case of the appellant hat any fraud, companyrcion or undue influence had been practised or employed by the respondent or that Father Antoine had been guilty of giving fraudulent advice to the appellant.
The respondent who was originally a Hindu had got companyverted to Christianity and professed the Roman Catholic faith.
8 N of 1971.
Further the marriage was void because the parties were within the prohibited degree of companysanguinity.
115 of 1968.
17 of 1966 filed by the appellant against the respondent for a decree declaring that the marriage between the parties was null and void and asking for custody and care of the children.
12 4 The facts may first be stated.
It was further held that the, marriage had been solemnised by the proper priest after a dispensation had been obtained from the authorities of the Roman Catholic Church removing the impediment of companysanguinity.
It was claimed that the appellant was a minor at the time the marriage was solemnised and the companysent of her father or her guardian was number taken number did she give her own companysent freely to the marriage.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
On May 10, 1960 the first child, a daughter, was born to the appellant.
The Judgment of the Court was delivered by Grover, J. This is an appeal by special leave from a judg ment of the Calcutta High Court arising out of a matrimonial suit No.
Vidya Dhar Tilak and K. Rajendra Chowdhry, for the appel lant.
The respondent appeared in person.
It would appear that the appellant left the home of the respondent in the year 1965 and the action out of which the appeal has arisen was filed in July 1966 on the original side of the High Court.
