RINKU SUTHAR Vs. SUKHDEV SUTHAR

JUDGEMENT

(1.) This appeal filed by the appellant under Section 19 of the Family Courts Act, 1984, is directed against judgment and decree dated 16.2.2019 passed by the Judge, Family Court No. 1, Jodhpur, whereby an application preferred by the appellant against the respondent for declaring the marriage solemnized between them as per the social customs as void, has been dismissed.

(2.) The facts relevant are that the appellant preferred an application seeking annulment of marriage by a decree of nullity on the ground that at the time of solemnization of marriage, she was a child of only 3-4 years of age and the respondent was also minor. The appellant averred in the application that the marriage was solemnized by her grand father under undue influence of prevailing social customs. The appellant submitted that after attaining the age of majority, vide notice dated 23.10.2017 sent to the respondent, she repudiated the marriage, which was responded by the respondent by reply dated 10.11.2017. The application seeking annulment was filed by the appellant on 4.12.2017. During the course of arguments, when the Court made a query regarding the age of the appellant, she produced on record her mark sheet of Secondary Examination, wherein her date of birth is disclosed as 20.7.1999.

(3.) The summon of the application issued by the Family Court was sent to the respondent by registered post, which was received back with the endorsement of refusal by the respondent. Accordingly, the Family Court treating the service complete, proceeded against the respondent ex parte. The statement of the appellant (P.W.1) was recorded and the notice dated 25.11.2017 produced on record by the appellant was exhibited in evidence as Ex.1.