SUSHANT MUKHERJI Vs. KU. POONAM JAISWAL

JUDGEMENT

(1.) BY this appeal under Section 19 of the Family Courts Act, 1984 (for short 'the Act of 1984'), the Appellant/Defendant has challenged the legality & propriety of the judgment & decree dated 10-1-2008 passed by the Judge, Family Court, Camp Court Katghora, Distt. Korba in Civil Suit No. 16-A/2007, whereby & whereunder learned Judge, Family Court has declared the marriage under Sections 11 & 13 of the Hindu Marriage Act, 1955 (for short 'the Act of 1955') null and void, and allowed the suit filed by the Respondent herein.

(2.) JUDGMENT & decree are challenged on the ground that the Judge, Family Court was not competent to declare the marriage void on the ground of absence of will & consent which is not available under Sections 11, 12 & 13 of the Act of 1955 and thereby committed illegality.

(3.) THE Appellant herein has denied the allegation and specifically alleged that the Respondent is his legally wedded wife and marriage has been solemnized in Arya Samaj Temple. Parents of the Respondent forcefully took her to their house and the Respondent is not discharging her matrimonial obligations. Parents of the Respondent have forcefully obtained the signature of the Appellant over the agreement. THE Appellant has also filed petition for restitution of conjugal rights.