AJIT KUMAR Vs. BINA KUMARI

JUDGEMENT

(1.) Heard Mr. S. K. Lal, learned counsel for the appellant and Mr. Fazle Karim, learned counsel for the respondent.

(2.) The present Miscellaneous Appeal is directed against the order dated 31.07.2017 passed by learned Principal Judge, Family Court, Begusarai in Divorce Case No. 61 of 2014, whereby the appellant's matrimonial suit for a decree of divorce filed under Section 13 of the Hindu Marriage Act, 1955, on the ground of desertion and cruelty, has been dismissed on the ground that since the appellant's claim is that he was forcefully married with the respondent then a suit under Section 12 of the Hindu Marriage Act,1955 (hereinafter referred to as 'the Act') for annulling the marriage ought to have been filed in the year 2006-07 and that an application for dissolution of marriage ought not to have been filed after such delay. The application for dissolution of marriage has been held to be not maintainable.

(3.) The plaintiff-appellant's case is that he was kidnapped on 15.07.2005 by the relatives of the respondent-opposite party from P.S. -Raghuwarnagar, District-Begusarai and was brought to Village -Sambalgarh Dariyapur, District- Lakhisarai, where, on the point of pistol, his marriage was performed with the respondent on the same day. Subsequently, the appellant-plaintiff somehow escaped from the custody of the relatives of the respondent and thereafter, the respondent's relatives used to threaten the appellant to keep the respondent as wife for which the appellant was not ready, as the marriage was not performed with the consent of the appellant. Subsequently, the appellant came to know that a criminal case being Lakhisarai Manila P.S. Case No. 25 of 2013 has been filed on 02.07.2013 against the appellant and others with the accusation under Sections 498A, 406/34 of the I.P.C. and Sections 3A of the Dowry Prohibition Act.