The main legal point established in the judgment is the requirement for formal declaration from a competent court for void marriages under Section 11 and the grounds for annulment of voidable marriages under Section 12 of the Hindu Marriage Act, 1955.

Ravi Ranjan, J.

We have heard learned counsel for the parties and perused the record of this case.

2. This appeal is directed against the judgment and decree dated 03.12.2014 passed by the Principal Judge, Family Court, Samastipur in Matrimonial Case No. 03 of 2011.

3. The fact which emanates out of the petition filed by the petitioner-appellant under section 11 of the Hindu Marriage Act, 1955 (hereinafter to be referred to as the 'Act') is summarized as under:-

"The petitioner claims to be an employee of Indian Railway and posted in Diesel Shed, Samastipur. According to the allegations set forth in the plaint the petitioner was kidnapped on 18.06.2010 by the father of the Opposite Party-respondent with the help of some unknown persons and thereafter was pressurized for getting married with Opposite Party-respondent and on denial, he was subjected to physical assault and threat was also given to him of facing dire consequences. It is stated that the petitioner was taken away in a BOLERO car towards Pusa and confined in a room and subsequently was taken to village Chaknoor along with some ladies where he was forced to pour vermilion over the head of Opposite Party-respondent. The petitioner remained in confinement for about one month and, thereafter, he was brought on motorcycle and left back to his home."

4. In the meantime, while the petitioner was under confinement, the brother of the petitioner-appellant lodged FIR being Samastipur (M) P.S. Case No. 341 of 2010 under Sections 354/34 of the Indian Penal Code against Devendra Rai and Others on 21.06.2010 i.e. three days after the date of kidnapping. The FIR has been brought on record as Exhibit-1.

5. It is alleged in the plaint/petition that the so called marriage was performed applying force and coercion, which is nullity and as such this case has been filed for declaring it as void.

6. 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.

7. 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 18.06.2010 when the petitioner-appellant was kidnapped and again on 21.06.2010 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.

8. 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 18.06.2010. 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/- to the petitioner's uncle but dhotis were given to the Barat party also in the presence of the villagers.

9. It is further stated in written statement that the applicant also received gift from parents and grand-mother of the Opposite Party-respondent and after feast all the members of 'Barat' departed to the place of applicant. It is stated in the writ