SAKET KUMAR Vs. NITU KUMARI

JUDGEMENT

(1.) This appeal has been filed against the order dated 12.05.2014, passed in Miscellaneous Case No. 03/2007, arising out of Matrimonial Case No. 05/2004, by the Principal Judge, Family Court, Begusarai, by which the judgment dated 18.05.2006 and decree dated 24.05.2006 (wrongly mentioned as 27.05.2006 in order under challenge) passed in Matrimonial Case No. 05/2004, have been set aside.

(2.) The case of the appellant, in brief, is that he filed a Matrimonial Case bearing No. 05/2004 for a decree of nullity of the marriage mainly on the ground that he was kidnapped by the family members of the sole respondents on the point of pistol from his village namely, Majhoul, within the district of Begusarai, thereupon confined at a place and without performing customary rites and ceremonies of valid marriage. The further case of the appellant was that father of the appellant had instituted Cheria Beriyarpur P.S. Case No. 23/2003 against the family members of the respondent and the appellant was recovered by the police from the house of the respondent after three months. In the Matrimonial Case No. 05/2004, summons was issued to the respondent through the process of the court as well as by the registered post and thereafter summons was also published in the daily news paper for the purpose of appearance of the respondent in the court below but the respondent did not appear in the said matrimonial case. Thereafter ex-parte proceedings was conducted and lastly vide order dated 18.05.2006, the Principal Judge, Family Court, Begusarai, annulled the marriage of the appellant with respondent, accordingly decree dated 24.05.2006 was prepared.

(3.) It has been further contended on behalf of the appellant that after lapse of more than eleven months on 07.04.2007, the respondent filed a Miscellaneous Case bearing No. 03/2007 before the Family Court, Begusarai, in terms of Order IX Rule 13 read with Section 151 of the Code of Civil Procedure, for setting aside the order dated 18.05.2006 and decree dated 24.05.2006, on the grounds that she had no knowledge about the Matrimonial Case No. 05/2004 and the process server submitted a false report regarding service of notice and the news paper in which the notice is said to be published, does not circulate in the village, where she was residing. The appellant contested the said Miscellaneous case, filed by the respondents.