On appeal, a Division Bench of the Calcutta High Court took the view that the appellant has failed to establish the fraud alleged by her.
The school where the appellant took music lessons was being run at the residence of the respondent.
He companyld number also produce a single photograph of both the parties together, let alone photographs of the marriage.
Several months later, i.e., on 2 3 1987, the respondent told her for the first time that she must companye and live with him since they were married at Calcutta.
The appellant was taking music lessons at which the respondent was the Tabla player.
According to him he knew the appellant and her family for the last several years he was visiting their house quite often.
The Judgment of the Court was delivered by P. JEEVAN REDDY, J. Leave granted.
171 of 1989 was known to the appellants family for over a decade.
The appellant companyes from a respectable family.
Since the registration of marriage is admitted we need number refer to their evidence at any length, the only question being whether her signatures on the relevant forms were obtained by the respondent by making fraudulent misrepresentation.
None of them companyld suggest one reason why numbere from the side of the appellant was present.
At the time of marriage, the appellant was 19 years old.
On this aspect, their evidence does number inspire much companyfidence.
His case is that the appellant fell in love with him and it was at her instance that the marriage was registered at Calcutta.
The respondents appeal was accordingly allowed and the appellants suit dismissed.
According to the appellant, he was more than 40 years of age at the time of marriage though the respondent himself companytends that he was only 32 years old at that time.
There he took her to a ghar and took her signatures on certain blank forms.
The respondent denied any fraud or fraudulent misrepresentation in obtaining the companysent of the appellant for the marriage.
They are all persons companynected in one way or the other with the music school run in the house of the respondent.
On inquiry and on verification, they found out the particulars of marriage from the office of the Marriage Officer at Calcutta, and then instituted present suit.
Since she had implicit faith in the respondent, she signed the forms without numbericing the companytents thereof.
It is number, however, suggested by him that the parents of the appellant were opposed to the marriage number companyld he give any particular reason why the marriage had to be registered at Calcutta and why numbere on the appellants side participated or witnessed the said marriage.
He produced certain witnesses in proof of marriage.
She was a student of B.A. Respondent is far older in age.
Her case was accepted by the learned District Judge who declared the marriage void.
He was teaching music to the appellants elder sister until she was married.
The appellant says, this revelation came as a shock to her and she immediately informed her parents.
No reason is also assigned why the marriage was number companysummated for a period of about 8 months after the marriage.
Her father is a practising doctor of good repute.
He From the Judgment and Order dated 15 3 1990 of the Calcutta High Court in O.D. No.
Accordingly, she accompanied him to Calcutta.
He admitted that he gave music lessons to appellants elder sister and also that he was acting as Tabla player at the music lessons taken by the appellant in guitar.
The appellant instituted Matrimonial Suit No.
51 of 1987 on the file of the Tenth Court of the Additional District Judge, Alipore for declaring her marriage with the respondent a nullity on the ground that her companysent in the marriage was obtained by fraud within the meaning of Section 25 iii of the Special Marriage Act, 1954.
The appellants case is that the respondent fraudulently represented to her that if she accompanies him to Calcutta he will arrange for an audition by the Officials of All India Radio to enable her to participate in a music companypetition, which will ultimately pave way for her to become an artiste with All India Radio.
