NEHA BHASIN Vs. SANJEEV KUMAR @ MONU

JUDGEMENT

(1.) THIS present appeal under Section 28 of the Hindu Marriage Act (hereafter ''the Act'') is directed against an order dated 22.11.2004 of the Additional District Judge (hereafter ''the trial court'') in H.M. Petition No. 793/2003. The trial court dismissed the appellant's petition under Section 12 of the Act, seeking declaration that her marriage with the respondent husband (hereafter ''the husband'') was void. The respondent was set down ex parte in the trial court; he has not appeared despite service in these proceedings, too, and was set down ex -parte.

(2.) THE Appellant had alleged, that on 18.02.03 she was kidnapped by the Respondent in collusion with his family members and taken to an unknown place where she was confined in a room, and not given proper food. She was not allowed to communicate with anybody. She alleged that she was rendered unconscious after being made to consume intoxicated food and fruit juice. She also alleged that she was threatened and her signature was obtained on various papers showing that the marriage was solemnized between her and the respondent on 20.02.2003, at Arya Samaj plot Kamalpur, Delhi -9. The marriage was also registered with the Registrar of Marriages at Ghaziabad, U.P on 21.02.2003.

(3.) THE Appellant had further alleged that on 05.03.2003 she was once again kidnapped by the respondent in the absence of her parents. Her father filed a writ petition in the nature of Habeas corpus before this Court, after which she was produced and her statement under Section 164 Cr.P.C was recorded, where she stated that she was taken to Arya Samaj mandir and threatened that in case the marriage was not solemnized her father would be killed. The marriage was performed in the presence of the Respondent's parents and ''Mausi'' (ie. maternal aunt). The appellant alleged that after the marriage she was taken to different places. She alleged that she was influenced by Tantrik vidhya of the Respondent's mother and she was once taken to a Dargah at Nizamuddin where she was given, asked to wear 2 tabizs at their instance. She also alleged that she was made to sign the papers; and pictures of the alleged marriage were taken when she was under the influence of drugs. According to her the Respondent is an illiterate person, and a drug addict, a history sheeter and was involved in a number of criminal cases. The Respondent was also convicted and sentenced to three years imprisonment for burning his wife. It was also alleged that several other criminal cases were pending against him.