ANNU KAIWARTYA Vs. BRIJESH SURYAKANT

JUDGEMENT

(1.) This appeal is directed against impugned judgment and decree dated 27.06.2014, by which, the Family Court has dismissed the appellant's application for declaring the marriage null and void and inoperative in law.

(2.) The appellant filed an application under Section 11 of the Hindu Marriage Act seeking a declaration that so called marriage dated 26.11.2011 be declared null and void and also for return of original educational certificate and photographs on the pleadings inter alia that the appellant/defendant and respondent/plaintiff are known and familiar to each other and the plaintiff on a false pretext to cheat that he would arrange job, took the appellant to Raipur along with one girl and two boys where they stayed in a hotel. The respondent demanded photographs and educational certificates in the name of collecting information in connection with employment and thereafter, on 26.11.2011, he came along with a marriage certificate stating that their marriage has been registered in Arya Samaj Mandir Baijnathpara, Raipur and they have become husband wife. The plaintiff disputed the same and came back to Korba.

(3.) It was further pleaded that later on, defendant lodged a false report in the police station that the plaintiff is his legally wedded wife and she be sent along with him. According to the plaintiff, certificate of marriage was arranged under a conspiracy and it was a fictitious document. The plaintiff and her family were threatened of dire consequence. Therefore, no complaint was lodged either by the plaintiff or by her parents. According to the plaint allegations, the plaintiff never went to Arya Samaj temple nor performed any marriage nor any witness was there much less any relations or the parents and the claim of marriage between the parties having been solemnized on 26.11.2011, was a deliberate falsehood, therefore, an appropriate declaration be granted.