RAVI KANT Vs. BANDANA KUMARI

JUDGEMENT

(1.) Learned counsel for the parties have been heard on the previous date of hearing.

(2.) The instant Miscellaneous Appeal has been filed by the petitioner/appellant under Sec. 19(1) of the Family Courts Act, 1984 against the judgment 27/1/2020 passed by the learned Principal Judge, Family Court, Lakhisarai in Matrimonial Case No. 51 of 2013 dismissing the petition of the petitioner filed for decree of nullity of marriage under Sec. 12(1)(c) of Hindu Marriage Act, 1955 read with Rule 6 of Hindu Marriage Rules, 1956.

(3.) The case of the petitioner/appellant as it appears from the record, is that the petitioner/appellant is a Constable in communication coy Sec. 'A'. On 30/6/2013, the petitioner along with his uncle had gone to Ashok Dham Temple in Lakhisarai for worship. When the petitioner and his uncle had been purchasing materials for worship at about 02:00 pm, three persons, namely, Rajesh Kumar, Deepak Kumar and Bipin Singh all of Village Chauki, P.O., Balgudar P.S. and District-Lakhisarai along with six unknown persons who were armed with pistol and knives came and surrounded the petitioner and his uncle. These persons brought the respondent near the petitioner and threatening him with life at gun point and dagger forced him to put vermillion (sindur) to the forehead of the respondent. On resistance being shown by the petitioner, he was assaulted with slaps and fists. The uncle of the petitioner was also surrounded and threatened by the aforesaid persons. Finding no way out as being in custody of the above noted persons, the petitioner put sindur on the head of the respondent but without any religious or spiritual rites and rituals. After performance of the so called marriage, the petitioner and respondent were kept confined in a dark room in the house of the above named Bipin Singh. The uncle of the petitioner was also threatened and confined to the house of Bipin Singh. After sunset, the uncle of the petitioner was set free and he was asked to come with his family members along with ornaments and clothes for respondent as the marriage has been performed. Thereafter, the uncle of the petitioner went to the Lakhisarai Police Station and informed the police about the incident at about 02:00 pm on 1/7/2013, but the police did not register the case. On the same night, the petitioner somehow managed to come out of the house of the respondent who is the daughter of above named Bipin Singh and went to inform the police about the incident but again the police did not take any action. Thereafter, the petitioner reached his village. Since the petitioner was required to join his duty immediately, he went to his service place and after getting leave, he came to file this case. Meanwhile, the uncle of the petitioner has also filed a criminal case in the Court of learned C.J.M., Lakhisarai vide Complaint Case No. 431C/12 under Sec. 323, 341, 352, 387 and 365 IPC. Thus the petitioner submitted that the so called marriage is in contravention of religious and customary laws and is voidable as the petitioner was forced to put sindur on the head of the respondent under threat and coercion. The petitioner has not performed any religious function out of his free will and consent and prayed the learned Family Court to annul the so called marriage while passing a decree of nullity.