TARAPADA JANA Vs. KUMAR BHAWANI GIRI

JUDGEMENT

(1.) The instant Second Appeal is directed against the judgment and decree dated 27th June, 2008 passed by the learned Additional District Judge, 3rd Fast Track Court, Contai, Purba Medinipur in Title Appeal No.17 of 2006 renumbered as Title Appeal No.04 of 2007 affirming the judgment and decree passed on 30th September, 2005 by the Civil Judge (Junior Division), 1st Court, Contai in Title Suit No.123 of 1999. The appellant as plaintiff filed a suit for declaration and permanent injunction to the effect that the defendant is not legally married wife of the plaintiff. No marriage under the Hindu Law was solemnized by and between the plaintiff and the defendant. The said alleged marriage was never consummated and it was not performed on free will and voluntary consent on the part of the plaintiff/appellant. The plaintiff had also prayed for permanent injunction restraining the defendant/respondent from claiming as a legally married wife of the appellant.

(2.) A brief factual narration is necessary for the purpose of the instant appeal which is set out below :-

(3.) One Haripada Huzzait was a co-villager of the plaintiff. The defendant is a relative of the said Haripada Huzzait and she used to visit frequently to the house of Haripada. Due to village and political rivalry relation between the plaintiff and Haripada was not cordial. However, the father of the defendant and Haripada proposed to the plaintiff to marry the defendant which he rightly refused on 9th May, 1999. At about 6 p.m. when he was returning to his house from Contai, Haripada, the defendant, her father and some other persons obstructed him and started to put pressure upon him to take the defendant to his house as his legally married wife. The plaintiff refused to such proposal. He became mentally upset and somehow escaped. Since the defendant openly declared herself as the legally married wife of the plaintiff, it prompted him to institute the suit. The defendant contested the said suit by filing written statement. In her written statement, she denied all material allegations made out by the plaintiff in his plaint against her.