CHANNAMMA Vs. SRI. BELLAPPA

JUDGEMENT

(1.) This miscellaneous first appeal under S.19(1) of the Family Court Act is by the plaintiff in OS 36/2010 on the file of the District Judge, Family Court at Gulbarga who had filed the suit for a declaration that her marriage said to have taken place with the defendant on 3.5.2010 is a nullity and consequentially to restrain the defendant from interfering with the private life of the plaintiff having come to be dismissed by the trial court.

(2.) The appeal is on several grounds inter alia urging that the trial court has not appreciated the evidence on record in the proper perspective; the trial court has not appreciated the back ground in which the so called marriage and other related motions have been gone through; the appellant had been kidnapped even during her minority and kept in bondage till she completed the minority period. Later on, under threat and coercion, made to go through the motions of exchanging the garland with the defendant in a temple on 3.5.2010; that the appellant had never given her consent to the marriage but had been obtained under threat and coercion, all motions had been carried under threat; ever since she was kidnapped on 12.2.2010 even when she was a minor by the defendant, she was under constant threat, coercion and mental pressure and agony, she did not have any free state of mind or will and the so called marriage having been performed even while she was still under the custody of the defendant and relatives and parents, marriage is not a marriage in the eye of law and that it is a nullity and therefore, the trial court should have appreciated such circumstance and should have decreed the suit as prayed for and dismissal of the suit is bad in law.

(3.) After the first hearing, we had asked the parties to be present before the Court and they have appeared before this Court today.