MOUSUMI CHAKRABORTY Vs. SUBRATA GUHA ROY

JUDGEMENT

(1.) This is an appeal filed by the appellant/ petitioner, who, filed a petition under Section 12 of the Hindu Marriage Act praying for a declaration that there was no marriage between her and the respondent under the Hindu Marriage Act, 1956 and that the purported registration under Section 8 of the Hindu Marriage Act dated 26th December, 1987 was a nullity. The Suit filed by her was dismissed by the learned District Judge, 13th Court, Alipore by an order and Judgment dated 19th January, 1990 passed in Matrimonial Suit No. 19 of 1988:

(2.) The case of the appellant/petitioner in short may be stated as follows : The appellant was a student of B.A. Class in Vidyasagar College, Calcutta and the respondent was also a student of B.Sc Class in the said College and that during their study .in the said College, the appellant/petitioner and the respondent developed, a friendly relation between them and that the appellant/petitioner mixed with the respondent in free mind while the respondent cherished a desire to marry the petitioner. The parents of the appellant/petitioner arranged for her marriage and the date for blessing ceremony (Ashirbad) was fixed on 25th November, 1987.

(3.) It is the case of the appellant/petitioner that the appellant had invited the respondent in the said ceremony which was scheduled to be held on 25th November 1987, but on 24th November, 1987 the respondent called the appellant/petitioner over telephone to his residence and when the appellant/ petitioner went to his residence the respondent confined the petitioner/appellant 'in his house against her will. The guardian of the appellant/petitioner after thorough search with the help of the local people, rescued the appellant/petitioner from the residence of the respondent on 26th November 1987, It is also stated that the respondent took the appellant/petitioner to a Marriage Registration Office on 26th November 1987 and under pressure, threat and coercion compelled her to put her signature in the form and got the marriage registration - certificate on the basis of false statement to the effect that the marriage was already solemnised. It is also stated that one unknown person represented as brother of the appellant/petitioner and signed the said form for registration of the said alleged marriage. The signatories of the said form were the men of the respondent. It is stated that there was no marriage at all on 24th November 1987 under the Hindu Marriage Act between the parties. ]t is further stated that the signature of the appellant/petitioner was obtained under influence and coercion in the said form, but the statements recorded in the register of marriage were not at all correct. It is stated that after being released from the clutches of the respondent, she procured the marriage registration certificate and after perusing the same she filed the instant suit, for a declaration that the marriage registration was a nullity as there had been no marriage at all under the law.