In absence of mandatory rituals of Hindu marriage, marriage of unwilling groom who was abducted and forced to marry at gunpoint, is null and void
Husband filed a petition in the Family Court, Munger against the wife for a declaration that marriage is declared as null and void on the ground that he was already married on the alleged date of marriage with appellant wife and he was forced to marry and was not voluntary and consensual.
Husband in his petition filed before the Family Court alleged that no mandatory rituals of Hindu Marriage such as Satpathi were performed nor any priest solemnized the marriage. He was abducted by the father of the appellant wife and was forced to put vermilion on the forehead of the appellant wife on the point of Gun and was compelled to put sindoor on her forehead. He somehow escaped and went to the police station to lodge the case but the same was not instituted and thereafter he filed the complaint case. He has denied any love or affection for the appellant wife and voluntarily and willingly marrying her.
The husband was already married and from said wedlock, one daughter is born –His first marriage was registered under the Marriage Registration Act but despite knowledge of the same he was abducted and was forcefully married on the strength of arms with the appellant wife against his will and consent.
In support of his contention that it was a forced marriage after abduction husband has produced the complaint case filed soon after the alleged marriage in which the appellant wife and her family members had been made accused and the Court had taken cognizance of the offence against accused persons and which is still pending and accused are facing the trial. However, no document has been adduced on behalf of the appellant wife in support of legal and valid marriage and as such the marriage was not valid and legal per tradition, customs and ceremonies and same was not voluntary and out of free will but was performed on threat coercion and without consent after the abduction of respondent-husband.
In support of the first marriage of the husband, he produced an affidavit sworn by both sides. He has also produced a marriage registration certificate issued by Up Mukhiya of Gram Panchayat, who is the marriage registering authority under the Marriage Registration Act, who has issued a certificate. A birth certificate has also been produced by the husband of a female child being born from wedlock. Said certificate issued by the Panchayat Secretary in the prescribed format. These documents have been issued by the competent authorities while discharging their duty in an official capacity under the Marriage Registration Act and Municipal Act as such will be presumed to be true and correct. The marriage certificate certifying that the first marriage of husband performed in the temple at 4.30 PM and same stands corroborated by other evidence like photographs of the marriage and different rituals, ceremonies and customs being followed during the marriage ceremony for a valid marriage.
The contention of appellant/wife that after solemnisation of marriage she came to her matrimonial house and respondent-husband and his family members started demanding dowry and for non-fulfilment of demand of dowry she has driven out of matrimonial home is neither believable nor probable as such case of the respondent-husband that the so-called marriage was forced marriage is to be accepted. The family court based on evidence adduced by the parties and considering the materials available on record has allowed the case of the husband and declared said marriage null and void which is proper.
Appearing counsel: Mr. Prashant Sinha
