UTTAM DAS Vs. SMT. RAKHI ROY AND ORS.

JUDGEMENT

(1.) In terms of Order dated 28th of March, 2011 of Hon'ble the Chief Justice of this Court, the Criminal Revision together with application of stay (CRAN No.1674 of 2011) is required to be heard and disposed of along with this second appeal.

(2.) This second appeal is directed against judgment and decree dated 12th of July, 2005 passed by learned District Judge at Malda in O. C. Appeal No.38 of 2003 affirming judgment and decree dated 8th of August, 2003 passed by learned Civil Judge (Junior Division), First Court at Maldah in O.C. No.212 of 1995.

(3.) Appellant/plaintiff filed said suit being O. C. No.212 of 1995. Plaintiff's case, in short, was that plaintiff's father Dhananjoy Das used to reside at Kutubpur as a tenant under father of defendant Rakhi Roy. Defendant's father made a proposal of marriage of Rakhi Roy with plaintiff to plaintiff's father which was denied by plaintiff and his father. Then defendant, her family members and 'para' people forcibly took plaintiff to the office of Hindu Marriage Registrar at Maldah on 24.11.1994 and obtained his forcible signature on some blank papers alleging registration of Hindu marriage between plaintiff and defendant. There was never any Hindu marriage performing necessary rites and ceremonies in between plaintiff and defendant. Accordingly, said case was filed for declaration that the registration of marriage by the Hindu Marriage Registrar without having any social marriage performing religious customs did not give any legal status of wife to the defendant with other consequential reliefs.