PAWAN KUMAR KASHYAP Vs. RUKHMANI KASHYAP

JUDGEMENT

(1.) This appeal has been filed by the appellant/plaintiff under Section 19(1) of the Family Courts Act, 1984 against the judgment and decree dated 12-9-2011 passed by Family Court, Janjgir-Champa, in Civil Suit No. 73-A/10, whereby the application of the. appellant under Section 13 of the Hindu Marriage Act, 1955 for dissolution of marriage by a decree of divorce on the ground of cruelty and desertion, has been rejected.

(2.) The facts not in dispute are that marriage between the parties was solemnized on 29th April, 2004 at Village-Semaria as per Hindu rites and ceremonies and at that time, the appellant was posted as Gunner in the Indian Army at Amritsar (Punjab), who is presently posted at Bhatinda (Punjab). However, rest of the facts are disputed.

(3.) Case of the appellant/plaintiff, in brief, is, that marriage of his sister was to be solemnized on 28th April, 2004, for which he had come to his Village-Semaria. However, the family members of the respondent/defendant levelled allegations against the appellant that he is having illicit relations with the respondent, they will not permit marriage of his sister to be solemnized. Therefore, the appellant with intent that no obstacles may be created by the respondent's family members during the marriage of his sister, married the respondent under pressure on 29th April, 2004, but in fact the appellant as well as his family members were not willing that the appellant should marry the respondent. The allegations levelled by the respondent as well as her family members against the appellant were false and baseless and at no point of time the appellant had any illicit relations with the respondent. After marriage, the parties had never cohabited as husband and wife as immediately after marriage, the appellant proceeded to his place of posting and the respondent since marriage is residing with her parents at her parents' house. With intent to harass and torture the appellant, that the respondent has been making false complaints from time to time to the Army unit of the appellant, on which the said complaints were sent by the Army unit for enquiry to the Superintendent of Police, Janjgir-Champa, who, in turn, had ordered the Station House Officer of Police Station -Bamhnideeh to enquire and submit a report. During enquiry, statements of the appellant's family members as well as respondent and her family members were recorded. From its very inception, there had been dispute between the families of the appellant and the respondent with regard to the marriage having been performed by exercising undue pressure, on account of which a meeting of Mahasabha of their community was convened at Village-Kuniyari on 26th February, 2009, in which Mahasabha had dissolved the marriage between the parties, which was solemnized on 29th April, 2004 by customary mode prevailing in their community. Statements of Brijlal (father of the appellant), present appellant, President Kiritram, Panch Battulal, Jeevanlal, respondent Rukhmani Bai, Chhotelal (father of the respondent), Bhuvanlal as well as Shyamlal were recorded by the Station House Officer of Police Station - Bamhnideeh in the enquiry, which was got conducted by Superintendent of Police, Janjgir-Champa. Age of the respondent on the date of marriage i.e. 29th April, 2004 was less than 18 years, on account of which she was not in a position to give a valid consent for marriage and therefore also, the marriage performed on 29th April, 2004 is a nullity in the eye of law. The respondent as well as her family members were always quarrelling and harassing as well as torturing the appellant and his family members. Since marriage, the respondent is living separately from the appellant and as such, deserted his company. On these grounds the application for dissolution of marriage by a decree of divorce was filed by the appellant/husband.