SANJIV KUMAR MAHATO Vs. REKHA MAHATO

JUDGEMENT

(1.) Heard learned counsel for the appellant. Appellant is the husband aggrieved by the dismissal of Title Matrimonial Suit No. 115/2013 instituted under Section 12(1)(c) of the Hindu Marriage Act, 1955 wherein he alleged that consent of the petitioner for marriage was obtained by force. Case of the parties is briefly stated hereunder :-

(2.) The respondent through her written statement accepted the marriage with the appellant and further stated that they were on love affair prior to it. Petitioner had established physical relationship with her on promise of marriage. When he denied to marry after some months, an F. I. R. was lodged being Purulia (M) P. S. Case No. 214/2012 under Sections 376 and 417 I. P. C. During course of the proceeding before the learned Sessions Judge, Purulia in an anticipatory bail petition the petitioner-husband sworn an affidavit that he would lead a happy marital life with the respondent. Sessions Trial Case No. 135/2013 was pending before the learned Additional Sessions Judge, F. T. C. -I, Purulia. She further contended that the petitioner and his family members demanded Rs. 1 lakh as dowry and pressurized her to withdraw criminal case, otherwise she would not be entertained in their house. When she refused to withdraw the case, the suit has been filed on the concocted grounds. Their marriage has been duly consummated but the petitioner is trying to marry another person. Learned Family Court framed five issues as under :-

(3.) On the part of the respondent following four witnesses were examined :- R. W. 1 Charubala Devi, R. W. 2 Adalat Mahato (father of the respondent), R. W. 3 Ankur Mahato and R. W. 4 Rekha Mahato (respondent herself). No documentary evidence was adduced on her behalf.