JHUMA DAS Vs. BIRESH DAS

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated 31-10-97 passed by the Principal Judge, Family Court, Kamrup, Guwahati in FC (Civil) No. 30/96, rejecting the complaint filed under Section 5 of the Special Marriage Act 1954 (hereinafter the 'Act') to nullify the marriage solemnised between the appellant and the respondent on 9-1-95 before the Registrar of Marriage under the Act.

(2.) The story as revealed by the counsel of both sides leading to the filing of the present appeal is quite otherwise pathetic. A boy of 30 years old (respondent herein) and a girl of 21 years old (appellant) fell in love and exchanging love letters, culminating in the marriage solemnised before the Registrar of Marriage on 9-1-95 preceded by a notice. It would appear that the mariage of the appellant was not known by the parents of the appellant and when the proposed second marriage was to be solemnised in 22-2-96, the respondent herein produced a marriage certificate granted on 9-1-95 by the Registrar of Marriage to the bridegroom family. Consequent upon the complaint filed by the respondent herein the marriage could not be solemnised on 22-2-96. An application under Section 5 of the Marriage Act has been filed for nullity of marriage solemnised on 9-1-95. The Principal Judge, Family Court heard the parties and after perusing evidence and examining the documents exhibited before him came to the finding that the marriage was solemnised between the parties on 9-1-95 is valid. Being aggrieved the present appeal has been filed.

(3.) The sole contention of Mr. A. Roy, learned counsel for the appellant assisted by Mr. Abhijit Roy are that the signature of the appellant has been obtained by fraud and coercion.