LIPIKA MALAKAR Vs. SEKHAR DAS

JUDGEMENT

(1.) This petition is directed against the order dated 13th August, 2012 passed by the learned trial Court where by the application filed by the petitioner(hereinafter referred to as the lady) for recalling PW.3 has been rejected.

(2.) This is a rather unusual case. The petitioner lady filed a petition under Section 12 of the Hindu Marriage Act,1955 alleging that the marriage certificate issued by the Registrar of Marriages was null and void because her consent to the marriage had been obtained by fraud and coercion.

(3.) In the marriage certificate it is mentioned that the marriage took place at 'Mangalik Community Centre' which appears to be a wedding hall where marriages are performed. The wife examined the owner of the Mangalik wedding hall Sri Ajoy Paul, PW.3 by way of filing an affidavit in which he stated that no marriage between the petitioner lady and the respondent Shekhar Das was performed in his marriage house Mangalik on 12th March, 2009 or at any other time. When this witness was cross-examined, he stated that he could not produce any paper to show that he is the owner of Mangalik Community Centre. He also stated that he had not brought to Court the register in which entries about the marriages are made. The cross-examination of this witness was concluded on 20th January, 2011. Thereafter the case was listed on 7th April, 2011 for the evidence of the respondent and the witnesses were examined and cross-examined. The matter was adjourned to 24th June, 2011 and two more witnesses were examined and cross-examined on 25th August, 2011.