IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN MONDAY, THE 9TH NOVEMBER 2009 / 18TH KARTHIKA 1931 WP(C).No. 31816 of 2009(V) -------------------------- PETITIONER(S): --------------- SHIMNA.A.P.,D/O.SATHYAN,AGED 20 YRS, SREESAILAM,VALLIKUNNU NORTH,MALAPPURAM DISTRICT. BY ADV. SRI.BABU S. NAIR RESPONDENT(S): --------------- 1. THE MARRIAGE OFFICER/SUB REGISTRAR, THE SUB REGISTRAR'S OFFICE, PARAPPANANGADI, MALAPPURAM DISTRICT. 2. PRAMOD.C,KALLADA HOUSE,CHEVAYOOR, PULIKKAL,MALAPPURAM DISTRICT. BY GOVT. PLEADER SRI. P.NARAYANAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN, J. --------------------------- W.P.(C) No. 31816 OF 2009 -------------------------- Dated this the 9th day of November, 2009 J U D G M E N T The marriage between the petitioner and the second respondent was solemnised on 19.10.2009 under the provisions of the Special Marriages Act, 1954. In this writ petition, the petitioner seeks annulment of the marriage on the ground that she was forced to submit the application for registration of marriage. In other words, her contention is that she did not enter into the marriage as a free agent. In my opinion, if the consent of the petitioner for the marriage was obtained by coercion or fraud, her remedy is to institute appropriate proceedings in the court of competent jurisdiction seeking annulment of the marriage by a decree of nullity. Under Section 25 of the Special Marriages Act, 1954, a petition seeking annulment of the marriage by a decree of nullity on the ground that the consent of either party to the marriage was obtained by coercion or fraud, has to be instituted within one year. In the instant case, the marriage was solemnised only on 19.10.2009. Therefore the petitioner can move the competent civil court seeking annulment of her marriage with the second respondent. W.P.(C) No. 31816/09 2 I accordingly dismiss this writ petition reserving liberty with the petitioner to institute appropriate proceedings in the competent court seeking annulment of her marriage with the second respondent. P.N.RAVINDRAN, JUDGE vps