ARVIND KUMAR RAI Vs. GURIA KUMARI

JUDGEMENT

(1.) We have heard learned counsel for the parties and perused the record of this case. This appeal is directed against the judgment and decree dtd. 3/12/2014 passed by the Principal Judge, Family Court, Samastipur in Matrimonial Case No. 03 of 2011. The fact which emanates out of the petition filed by the petitioner-appellant under Sec. 11 of the Hindu Marriage Act, 1955 (hereinafter to be referred to as the 'Act') is summarized as under:-

(2.) It is urged that since the basis of marriage is fraud, deception and coercion without performing the ceremonies as per Hindu rites, this is not a valid marriage, as such the aforesaid declaration is sought. It is further stated that there was no Saptpadi performed before the sacred fire etc. or any other ceremony save and except forcibly putting vermilion over the head of the Opposite Party-respondent.

(3.) It is also alleged that petitioner-appellant and Opposite Party-respondent are of same 'Gotra' and as such marriage could not have been solemnized on that count also. According to the plaint first cause of action arose on 18/6/2010 when the petitioner-appellant was kidnapped and again on 21/6/2010 when the alleged marriage was solemnized and further on 30/12/2010 when it came to the knowledge of the petitioner that both the parties were of same 'Gotra' and as such they requested Opposite Party-respondent to let the marriage be declared null and void. On declining, the present matrimonial case was filed. The Opposite Party-respondent appeared in the case and filed her written statement. She has stated that the case has been filed for the purpose of extorting money and dowry from her parents for which she has already filed a case before the C.J.M. Samastipur. The factum of marriage by applying force and coercion has been denied. Allegation of kidnapping has also been denied rather it is stated that the marriage was arranged one and was finalized after negotiations between the family of Opposite Party-respondent and Petitioner-Appellant and the marriage was solemnized on 18/6/2010. In the presence of villagers and relatives of both sides the parents of the Opposite Party-respondent gifted ornaments, clothes etc. of amount of Rs.3,00,000.00 to the petitioner's uncle but dhotis were given to the Barat party also in the presence of the villagers.