MONIKA CHAUDHARY Vs. AMIT KUMAR

JUDGEMENT

(1.) By way of this appeal Monika Chaudhary-wife assailed the judgment and decree dated 14.07.2015, rendered by Dr. Abdul Majid, (Additional District & Sessions Judge), District Judge (Family Court), Ambala; whereby petition filed under Section 12 of the Hindu Marriage Act seeking annulment of her marriage with Amit Kumar son of Amar Singh was dismissed with costs.

(2.) On the other hand, it is the case of the respondent-husband that appellant-Monika Chaudhary married with him as per Hindu rites and ceremonies without any threat or pressure as the parties were in love with each other for the last several years. The marriage was duly consummated at Nahan and thereafter they shifted to Yamuna Nagar. As parents of both the parties were against this marriage, so they filed protection petition in the court at Yamuna Nagar and sought police protection. When petitonerMonika Chaudhary was pregnant, her parents forcibly took her illegally from the coaching institute without informing him and in conspiracy with her family members, got the pregnancy aborted. For which he filed a complaint against them in the court at Yamuna Nagar. The respondent also filed a petition under Section 9 of the Hindu Marriage Act, 1955 for restitution of conjugal rights, at Yamuna Nagar. It was pleaded that the marriage was performed by Pandit Ganesh Nath Sharma. The respondent denied each allegation levelled against him. Petitioner had married to him out of her free will. The petition has been got filed by the parents of the petitioner under pressure. From the very beginning, petitioner knew that respondent had studied upto 10+2. After the marriage, they resided at Nahan for about a week as husband-wife. Thereafter, they came to Yamuna Nagar. On these grounds, dismissal of the petition was prayed for by the respondent.

(3.) On the pleadings of the parties, following issues were framed: