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2023 Supreme(Pat) 644

P. B. BAJANTHRI, JITENDRA KUMAR
Reet @ Seema Kumari D/o Rajendra Rai – Appellant
Versus
Chandra Bhushan Kumar S/o Late Ganesh Rai – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Nishant Kumar.
For the Respondent: Abhay Shankar Singh.

JUDGMENT :

JITENDRA KUMAR, J.

1. The present appeal has been preferred by the Appellant against the impugned Judgment dated 20.06.2022 passed by the Ld. Principal Judge, Family Court, Vaishali at Hajipur in Matrimonial Case No. 407 of 2018, whereby the Family Court has held “the Petitioner has been able to prove the fact that his marriage was without consent. His marriage with the O.P. namely, Seema Kumari, is declared as null and void. The present application is Allowed.”

2. It is further pertinent to mention that the petition filed by the Petitioner before Family Court was filed under Section 11 and 12 of the Hindu Marriage Act and in the petition the Petitioner has pleaded that the he was abducted by the father of the Defendant/Appellant and other persons on 02.02.2018 and he was subjected to beating resulting into his becoming unconscious and when he regained consciousness, he was informed by parents of the Defendant/Appellant that he has got married with Seema Kumari, who is the Appellant herein.

3. The Petitioner has also lodged Criminal Complaint for being abducted and forcibly married in the Court of Ld. C.J.M. Hajipur. He has claimed that the marriage is not valid under Sectio

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