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S. B. P. D. SINGH, P. B. BAJANTHRI
Rabindra Kumar Jha, son of late Badhan Jha – Appellant
Versus
Gopal Jha, son of Mundrika Jha – Respondent
JUDGMENT :
(S.B. P.D. Singh, J.)
The present appeal has been filed under Section 19(1) of the Family Court Act, 1984, read with Section 151 of the Code of Civil Procedure, impugning the judgment and decree dated 23.07.2018 passed by learned Principal Judge, Family Court, Sheikhpura in Matrimonial Case No. 79 of 2013, whereby and whereunder, learned Principal Judge has dismissed the petition filed by the appellants for annulment of the marriage of appellant No. 2 with respondent No. 3.
2. The case of the appellants as per the petition filed before the Family Court is that on 04.05.2013, appellant No. 2 Dharmvir Kumar while returning back after appearing in Class-XI examination was kidnapped by respondent Nos. 1 and 2 and some other persons and was taken to Hemda Village in the District of Nawada where the marriage of appellant No. 2 was forcefully solemnized with respondent No. 3 Guriya Kumari, daughter of respondent No. 1. The further case of the appellants is that the marriage was performed without obtaining the valid, legal and free consent of appellants No. 1 and 2 and in this regard Barbigha Police Station Case No. 93 of 2013 has also been registered against respondents on 05.05
Marriage of minors solemnized under duress is void; consent obtained by force is invalid under the Hindu Marriage Act.
A marriage conducted without the consent of one party and lacking the requisite ceremonies as per the Hindu Marriage Act is deemed non-existent, allowing for annulment without the constraints of stat....
The validity of a marriage under the Hindu Marriage Act and the Prohibition of Child Marriage Act depends on the age of the parties at the time of marriage and the filing of a petition for the marria....
The petition for annulment of marriage must be filed within one year from the discovery of force or fraud in obtaining the consent for the marriage.
The court established that a petitioner's burden to prove coercion and the invalidity of marriage requires substantial evidence; default in cross-examination does not validate unsubstantiated claims.
Marriage can be declared voidable if consent is obtained through fraud or coercion, especially in cases involving serious allegations and the parties' young age.
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