SHAVETA Vs. AJAY

JUDGEMENT

(1.) The Regular Second Appeal has been filed by the appellant seeking to challenge the judgment and decree of both the courts below whereby her suit for declaration to the effect that the alleged marriage said to have taken place on 21.8.2014 between the appellant and the respondent herein is non-est, null and void as no marriage between the parties was performed according to the Hindu rites, has been dismissed.

(2.) The appellant/plaintiff (hereinafter referred to as 'the plaintiff') had filed a suit for declaration to the effect that the alleged marriage ceremony said to have taken place on 21.08.2014 between the plaintiff and the respondent/defendant (hereinafter referred to as 'the defendant') was null and void. It was the case of the plaintiff that she got to know the defendant through a common friend. The defendant and his family members coerced her to perform the marriage with the defendant. It is her case that the plaintiff did not enter into such relationship of her free consent. The relationship had not been solemnized as per the provisions of the Hindu Marriage Act, 1955 and the parties never lived together as husband and wife. It was further her case that the defendant used her signatures obtained on blank papers to file petition in this court seeking protection.

(3.) On notice, though the defendant was duly served but he did not put in appearance and was proceeded against ex-parte. The plaintiff led exparte evidence. On completion of the evidence, the trial Court held that though the evidence led by the plaintiff goes unrebutted, uncontroverted and unchallenged, but, as per settled law, she has to prove her own case and she cannot rely upon the weakness of the defendant and thus, dismissed the suit as not maintainable holding that the plaintiff had an efficacious remedy to get the marriage declared as null and void under the provisions of the Hindu Marriage Act, 1955.