Indian Contract Act

Topics: Marriage, Annulment, Divorce Pages: 7 (2683 words) Published: August 24, 2013
Miss Shireen Mall vs John James Taylor on 21 December, 1951

Punjab-Haryana High Court Punjab-Haryana High Court Miss Shireen Mall vs John James Taylor on 21 December, 1951 Equivalent citations: AIR 1952 P H 277 Author: Soni Bench: Soni ORDER Soni, J. 1. This is an application by Shireen Mall under the provisions of Sections 18 and 19 of the Indian Divorce Act, 1869, read with Sections 3 and 4 of the Indian Matrimonial Causes (War Marriages) Act XL of 1948, praying that this Court may declare the marriage between her and the respondent to be null and void. 2. The facts as deposed to by the petitioner are that she was employed as a Sergeant in the Women's Auxiliary Corps (India) and was stationed at Meerut. In June 1943 she came to know the respondent John James Taylor, then a Lieutenant in the British Army. They fell in love with each other and he proposed to marry her. He was in Meerut from June 1943 till November 1943. The petitioner states that Taylor had repeatedly told her and had promised that alter they had been married they would live in England after his repatriation. Her point is that it was just a false promise. Many letters have been produced showing great affection by the respondent for the petitioner. My special attention was drawn by the counsel for the petitioner to a letter written by the respondent to the petitioner bearing date 26th November 1943 marked Ex. P. 7 in which the respondent Taylor, wrote to her thanking her for a present to his mother and telling her that he had told all about her to his mother in his letters. In this letter Ex. P. 7, it is stated: "She wants to meet you, she will, when we arrive home; you will come with me, won't you darling? Please sweet heart don't ever change your mind. I'd really finish everything if ever you did that." The petitioner's case is that the respondent's oral as well as written representations were such that the respondent appeared to her to be genuine in his proposal of marriage and in saying that the respondent would take her along with him to England to live there as husband and wife. She and the respondent were married in the Roman Catholic St. Francis Church at Dehra Dun on the 23rd October 1944. The petitioner gives her date of birth as 5th November 1924, so that she was not quite 20 yet when she was married. Under the provisions of Section 3 of the Indian Christian Marriage Act, 1872, she was a minor as she had not completed the age of 21 years. She states that no notice was given by Father Luke who was the officiating priest regarding their getting married. Taylor was a Roman Catholic while she belonged to the Church of England. A special dispensation was obtained from probably the Roman Catholic Bishop and that after the dispensation no banns were published and no notice was given. It is in her statement that she wanted her mother to give her consent but she never did so. Her father was dead and the only person who could give consent was her mother. Father Luke never asked her about anybody's consent. 3. The petitioner's case is that the respondent merely wanted her for sexual indulgence and never really wanted her to be married to him and that he practised a fraud upon her. The next day after the marriage the respondent remained at Dehra Dun while she left for Meerut to join duty. After that both of them met during the Christmas week of 1944 at Delhi and stayed there for three days. She states that the respondent never informed her about his repatriation to England. She learnt about this from the fact that her letters to him were returned from his Unit in India. Thereafter she wrote letters to the respondent in England. On the 2nd August 1945 she received a letter from him. In this letter the respondent wrote as follows: Indian Kanoon - 1

Miss Shireen Mall vs John James Taylor on 21 December, 1951

"Surely my last letter made that quite clear, as far as I am concerned we are finished. And I have no desire to...
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