MOUSUMI MQJI NEE PAL Vs. TIMIR KUMAR MAJI

JUDGEMENT

(1.) Instant appeal is filed by the wife aggrieved by the judgment and decree dated December 21, 2001 passed by the learned Additional District Judge at Arambagh, Hooghly in Matrimonial Suit No. 1 of 2000 whereby and whereunder the suit field by the respondent- husband for declaring the marriage registered under the Special Marriage Act, 1954 was decreed on contest and the marriage between the parties was thereby declared a nullity.

(2.) For the sake of convenience we shall refer to the appellant and the respondent, hereinafter, as the 'wife' and the 'husband' respectively.

(3.) The suit was filed by the husband for declaration that the marriage between the appellant herein and the respondent is null and void. The marriage between the parties was registered under the Special Marriage Act on March 30, 1992. The relief for nullity of marriage is founded on three grounds. Firstly, on the ground that the husband belongs to 'Mahisya' community whereas the wife belongs to Tili' community with no prevalent social system of marriage in between the persons of the said two communities. Secondly, on the ground that the on March 30, 1992 when the husband was alone on the street certain unruly youngsters encircled and took him by force and without his consent to the office of the Sub-Registrar at Arambagh and by pressure tactics, threats and intimidations compelled him to put his signatures on some printed papers by force and fraud. It was asserted in the petition that the respondent- husband did not appear before the Special Marriage Officer for registration. Consequently, the marriage certificate dated March 30, 1992 is null and void. Thirdly, on the ground that the wife was underage.