SURABHI SINGH RAJPUT Vs. RUPENDRA SINGH GAUTAM

JUDGEMENT

(1.) Heard.

(2.) The appellant filed an application before the family court pleading, inter alia, that on 21/04/2016 when she went to appear in an examination in the college, after examination when she came came out of examination hall/ college, the respondent came there in a car along with 8-10 people and abducted her by giving threat of life. At that time, the mental condition of the appellant was not good and she was administered certain intoxicant, so that she could be in a state of sub consciousness. It is further alleged that taking advantage of those situation, respondent obtained her signatures on certain documents and alleged marriage was said to have been performed. Thereafter, on 24/04/2016 the appellant was rescued from the custody of the respondent. It was stated that the alleged marriage dtd. 21/04/2016 was performed at Arya Samaj and the certificate issued by them since was not issued by the head of the institution was not valid and the marriage dtd. 21/04/2016 would be a nullity.

(3.) Per contra, the respondent/husband stated that on 21/04/2016, the appellant volunteered to join the company of respondent and without any threat, she accompanied the respondent and performed the marriage at Arya Samaj Mandir at Bhilai and marriage was performed following the rituals. It was further stated that after few days, the father of the girl came with the police people and forcefully took her away from his lawful custody. The respondent stated that though marriage was performed according to the rituals but threat was extended by the father of the girl and forcefully she was taken away on 24/04/2016. It was further stated that the marriage so performed was valid and legal, therefore application under Sec. 11 of 'the Act of 1955' preferred by the wife to declare the marriage as a nullity be dismissed.