RUPAK BANIK Vs. SUPARNA PAUL

JUDGEMENT

(1.) This is an appeal filed under Sec. 19(1) of the Family Courts Act, 1984 assailing the Judgment dtd. 16/3/2021 passed in T.S.(Null) 1 of 2020 by the learned Judge, Family Court, Sonamura, Sepahijala Tripura whereby the learned Court below declared the marriage between the appellant and the respondent dtd. 10/8/2019 as null and void.

(2.) The fact of the case, in brief, according to the appellant-Sri Rupak Banik is that, the respondent herein, Smt. Suparna Paul is the legally wedded wife of the respondent and their marriage was solemnized at the house of Nidhan Paul of village-Office tilla, under Bishalgarh P.S. on 10/8/2019 according to Hindu religion, Vedic rites and ceremonies. The marriage declaration was done between them on 6/9/2019 before the Notary Public at Bishalgarh. After that, a 'certificate of marriage' bearing No.148 SDM/BLG/JDL was also issued on 13/9/2019 in favour of them. After marriage, the respondent-wife herein always insisted upon the appellant that he should live apart from the other members of his family, and the respondent used to detest not only the parents of the appellant but also the other members of the family. The appellant herein is a driver by profession at the time of marriage and as he was not having a satisfactory job, the respondent-wife turned up against the appellant and deserted him without sufficient reason and filed a petition before the learned Family Court, Sepahijala, Sonamura under Sec. 11 of the Hindu Marriage Act, 1955 to declare the marriage between the appellant and the respondent as a nullity. The said petition was registered as T.S.(Null) 01 of 2020.

(3.) The respondent-wife herein as petitioner in that petition raised the ground that she did not know any Nidhan Paul nor she visited the house of Nidhan Paul on 10/8/2019. Therefore, the question of marriage does not arise. The respondent further submitted that in the notice dtd. 19/11/2019, the appellant herein did not aver that 'Saptapadi' was made before the sacred fire as per Hindu Rites and Customs. The respondent further averred that the signature of the respondent was taken on a blank paper and as such denied the notarial affidavit. The respondent also stated that the joint photograph was taken without letting the respondent herein know the purpose of such photograph. The respondent further stated that the respondent on a bonafide belief went to the office of the SDM, Bishalgarh and under the pressure of the appellant herein was compelled to state before the SDM, Bishalgarh regarding the marriage.