MONALISA MOHAPATRA Vs. JITENDRA SAHOO

JUDGEMENT

(1.) Appellant-wife is before us being aggrieved by impugned judgment dtd. 22/2/2022 of the Family Court. Mr. Mishra, learned advocate appears on behalf of her and submits, his client was kidnapped on 1/8/2018. She was rescued on 14/11/2018. His client seeks annulment of the marriage because it was without her consent, taken place during the period, when she was in custody of respondent-husband. He submits, the petition was dismissed on the bar by Sec. 12(2)(a)(i) in Hindu Marriage Act, 1955. The provision is reproduced below.

(2.) He submits further, it may well be finding of the family Court that cessation of force was date of the rescue but his client was not aware there had been a marriage. On respondent-husband producing purported affidavit allegedly signed by her declaring the marriage, his client immediately took steps to apply to the family Court for annulment thereof.

(3.) Respondent-husband goes unrepresented before us. Order sheet bears steps taken for service, including substituted service. We are satisfied on service to proceed against respondent-husband, ex parte.