TAPAS KUMAR MOITRA Vs. PRATIMA ROY CHOUDHURY

JUDGEMENT

(1.) THE plaintiff is the petitioner in this revisional application which is directed against the judgment and order dated 2nd September, 1981 passed by the Additional Subordinate Judge, Hooghly in Misc. Appal No. 49 of 1981 affirming the order being Order No. 39 dated 11th April, 1981 passed by Munsif, 1st Court, Hooghly. in title Suit No. 35 of 1979.

(2.) 'the petitioner instituted,a suit being Title Suit No. 35 of 1979 in the First court of Munsif at Hooghly for inter aha, the following reliefs : a declaration that the purported registration of the alleged marriage under the Hindu Marriage Act, 1955 and Hindu Marriage Registration Rules, 1958 at the Marriage registration Office at Naihati on 2nd march, 1977 be declared null and void; the record of the relevant registration of the said purported marriage be cancelled and be deleted or expunged front the relevant Marriage Register of Naihati Marriage Regisration Office; the declaration given by the plaintiff on 2nd. March 1977 upon which the marriage was registered be also declared null and void and be treated as cancelled- the defendant be restrained by permanent and temporary injunction; from executing the order for maintenance and cost in her favour in M. C. Case No, 27. 1/197-7 in the Court of Sub-divisional Judicial magistrate (Sadar) Hooghly which is not binding upon the plaintiff, and such further or other orders.

(3.) THE plaintiff has brought this suit for a declaration that the purported registration of the alleged marriage between the parties be declared null and void. The plaintiff's case is that he was forced to give a declaration of alleged marriage before the concerned Marriage registrar and to sign the Marriage Register and other papers under coercion, threat and intimidation.