Dismissing her appeal on Monday, the division bench said that the certified copy of the Hindu marriage register is a public document within the meaning of Section 74 of the Evidence Act.
Grahalakshmi moved the high court against the order. However, on the basis of marriage certificate issued by a joint registrar of marriage, the family court granted divorce in April 2009. Grahalakshmi, however, denied such a marriage and charged Prashanth and Venu Prasad of colluding with each other.
Noting that suppression and non-disclosure of the information by Grahalakshmi and her family members amounted to fraud, Prashanth then sought divorce. On June 11, 2007, Prashanth came to know that Grahalakshmi had married Narayan Venu Prasad in 1998 and that it was registered on December 31, 1998. When the matter was still pending, Grahalakshmi lodged a dowry harassment complaint against Prashanth. Prashanth moved the family court first, seeking re-union with his wife and restitution of conjugal rights. Due to domestic disputes, the ties between the two families started worsening after Grahalakshmi left for her matrimonial home. A division bench comprising Justice K Mohan Ram and Justice G M Akbar Ali said: “The suppression of the marriage registered between Grahalakshmi and another person ( Narayan Venu Prasad) is a material fact amounting to fraud, and thereby render the marriage (with Prashanth) voidable.” Prashanth married Grahalakshmi on September 1, 2005, and a son was born on July 31, 2006. Noting that Grahalakshmi had suppressed her earlier marriage, registered in November 1998, the high court said on Monday that it amounted to ‘fraud’.
It is relevant to mention here that recently the Supreme Court of India has held that the provisions of the Dowry prohibition Act should not be used to harass the husband.CHENNAI: The Madras high court has confirmed a family court order granting divorce to actor T Prashanth, who married V D Grahalakshmi in 2005. When asked about his son, Mr.Prasanth said that he wanted to take steps and fought for him. Instead, he resorted to the law in which he had immense faith. Mr.Prasanth speaking on the issue said that his case was a classic example of how section 498 A of the IPC, which protects women against dowry harassment has been misused by his wife Grihalakshmi.Despite of submitting false testimonials to the media and tarnishing his image, he never reacted against her as she was going to bear his children at that time.He was also shocked to hear, she was already married to someone else.Mr.Prasanth had to trace out all the relevant documents to substantiate his case and did not go to the media. Chennai Saidapet court acquitted actor Prashanth of all charges filed against him by his wife Grihalakshmi, who according to the police had misrepresented facts and accused him of dowry harassment case.
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