PADMA CHARAN PANDA Vs. BISHNUPRIYA DALEI

JUDGEMENT

(1.) The petitioner has filed this writ petition challenging the order dated 02.09.2013 passed by the Judge, Family Court, Puri in Civil Proceeding No. 129 of 2012 under Annxure-3 refusing to pass a decree in terms of compromise between the parties under Annexure-2 declaring the so called marriage as void thereby rendering the deed of acknowledgement of the said marriage void and inoperative in the eye of law.

(2.) The petitioner filed the proceeding in the Court of learned Judge, Family Court, Puri under Section 12 of the Hindu Marriage Act registered as Civil Proceeding No.129 of 2012 against the opposite party seeking relief in the nature of declaration that the registered agreement between the parties dated 15.02.2010 is void and inoperative in the eye of law and that he is not the husband of the opposite party as she claimed to be the legally married wife of the petitioner though neither there has been any solemnization nor consummation of marriage at any point of time between them.

(3.) The factual background of case in hand is that the petitioner was advised by the father of the opposite party to obtain an agricultural loan for cultivating pudina in a large scale since he was getting adequate benefit through cultivation on a share basis with the brother of the opposite party. Accordingly, the father of the opposite party proposed the petitioner to get necessary documentation for the loan and suggested that his daughter should join as a partner, so that it will be easy to avail loan from the co-operative Bank. The petitioner on good faith proceeded to the office of the District Sub-Registrar, Puri and signed and presented the document hurriedly for registration. The father of the opposite party had got the said document prepared somewhere without the knowledge of the petitioner, who was kept waiting near the Bank. It was beyond his comprehension that a document purported to be the acknowledgment of marriage with his daughter would be done at the behest of her father. On 01.06.2012, the petitioner came to know that the opposite party is claiming the status of his wife on the strength of said registered agreement dated 15.02.2010 and started negotiating with the father of the opposite party, who took the prominent part in getting the fictitious document registered through his henchmen. Though the father of the opposite party initially agreed on 20.06.2012 to get the agreement cancelled, subsequently played hide and seek in the matter at the instigation of certain mischief mongers of the locality. Therefore, finding no other alternative, the petitioner moved the learned Judge, Family Court, Puri by filing an application under Section 12 of the Hindu Marriage Act seeking for declaration that deed of such acknowledgment of marriage obtained by misrepresentation and fraud should be declared null and void. Being noticed, the opposite party entered appearance. Thereafter, the petitioner and opposite party entered into a compromise and in terms of comprise, filed an application to dispose of the Civil Proceeding case No.129 of 2012 by passing a decree of compromise on the basis of the agreed terms and conditions which was done due to intervention of relatives and well wishers.