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High Court Of Calcutta
Bhagawati Prasad Banerjee, S. K. Hazari
MOUSUMI CHAKRABORTY - Appellant
Versus
SUBRATA GUHA ROY - Respondent
F. A. 191 Of 1990
Decided On : 02/07/1991
HINDU MARRIAGE ACT - SECTION 7, 8 - MARRIAGE - CUSTOMARY RITES AND CEREMONIES - REGISTRATION - VALIDITY OF MARRIAGE - PROOF - BURDEN OF PROOF - LOVE LETTERS - PHOTOGRAPHS - REGISTRATION CERTIFICATE - ESSENTIAL CEREMONIES - INVOCATION BEFORE THE SACRED FIRE - SAPTAPADI - SPECIAL MARRIAGE ACT, 1954 - SECTION 5, 6, 7, 8, 9 - NOTICE OF INTENDED MARRIAGE - OBJECTION TO MARRIAGE - INQUIRY BY MARRIAGE OFFICER - REGISTRATION OF MARRIAGE UNDER SPECIAL MARRIAGE ACT - CONDITIONS - FRAUD, COERCION OR MISREPRESENTATION - NULLITY OF MARRIAGE - DECREE FOR DECLARATION OF NULLITY OF MARRIAGE.
Fact of the Case:
The appellant, a student of B.A. Class in Vidyasagar College, Calcutta, and the respondent, a student of B.Sc Class in the same College, developed a friendly relation during their study. The appellant's parents arranged for her marriage, and the date for blessing ceremony (Ashirbad) was fixed on 25th November 1987. The appellant invited the respondent to the ceremony, but on 24th November 1987, the respondent called the appellant over the telephone to his residence and confined her against her will. The appellant's guardian rescued her from the respondent's residence on 26th November 1987. The respondent took the appellant to a Marriage Registration Office on 26th November 1987 and compelled her to put her signature in the form and got the marriage registration certificate on the basis of false statements. The appellant filed a petition under Section 12 of the Hindu Marriage Act praying for a declaration that there was no marriage between her and the respondent under the Hindu Marriage Act, 1956 and that the purported registration under Section 8 of the Hindu Marriage Act dated 26th December, 1987 was a nullity.
Finding of the Court:
The Trial Court dismissed the appellant's suit, holding that the marriage between the appellant and the respondent was held on consent of the appellant and the respondent. The Trial Court relied on love letters written by the appellant and some photographs to conclude that there was no fraud or coercion on the part of the respondent. The Trial Court also held that the marriage registration certificate was conclusive proof of marriage.
Issues: 1. Whether there was a valid marriage between the appellant and the respondent under the Hindu Marriage Act, 1955? 2. Whether the marriage registration certificate is conclusive proof of marriage?
Ratio Decidendi: 1. The validity of a Hindu marriage depends on the observance of customary rites and ceremonies as provided under Section 7 of the Hindu Marriage Act, 1955. Two essential ceremonies for a valid Hindu marriage are (a) Invocation before the sacred fire and (b) Saptapadi. 2. The burden of proof lies on the party who asserts the affirmative of the issue. In a matrimonial case, the burden is on the proponent, or the party who claims that there was a valid marriage, to prove the marriage. 3. Registration of a Hindu marriage under Section 8 of the Hindu Marriage Act, 1955 is not conclusive proof of marriage. Registration is valid only when it is found that there is a valid marriage. 4. Love letters and photographs cannot take the place of proof of a valid marriage under the provisions of the Hindu Marriage Act.
Final Decision: The High Court set aside the judgment of the Trial Court and declared that the purported marriage registration made on 24.11.87 was invalid and that no marriage at all took place on 24th November, 1987 or any other date under the Hindu Marriage Act or in any other form and that the said alleged marriage allegedly held on 24th November, 1987 was a false one and as such the same was invalid and was a nullity.
( 1 ) THIS is an appeal filed by the appellant/ petitioner, who, filed a petition under Section 12 of the Hindu Marriage Act praying for a declaration that there was no marriage between her and the respondent under the Hindu Marriage Act, 1956 and that the purported registration under Section 8 of the Hindu Marriage Act dated 26th December, 1987 was a nullity. The Suit filed by her was dismissed by the learned District Judge, 13th Court, Alipore by an order and Judgment dated 19th January, 1990 passed in Matrimonial Suit No. 19 of 1988:
( 2 ) THE case of the appellant/petitioner in short may be stated as follows : the appellant was a student of B. A. Class in Vidyasagar College, Calcutta and the respondent was also a student of B. Sc Class in the said College and that during their study. in the said College, the appellant/petitioner and the respondent developed, a friendly relation between them and that the appellant/petitioner mixed with the respondent in free mind while the respondent cherished a desire to marry the petitioner. The parents of the appellant/petitioner arranged for her marriage and the date for blessing ceremony (Ashirbad) was fixed on 25th November, 1987.
( 3 ) IT is the case of the appellant/petitioner that the appellant had invited the respondent in the said ceremony which was scheduled to be held on 25th November 1987, but on 24th November, 1987 the respondent called the appellant/petitioner over telephone to his residence and when the appellant/ petitioner went to his residence the respondent confined the petitioner/appellant 'in his house against her will. The guardian of the appellant/petitioner after thorough search with the help of the local people, rescued the appellant/petitioner from the residence of the respondent on 26th November 1987, It is also stated that the respondent took the appellant/petitioner to a Marriage Registration Office on 26th November 1987 and under pressure, threat and coercion compelled her to put her signature in the form and got the marriage registration - certificate on the basis of false statement to the effect that the marriage was already solemnised. It is also stated that one unknown person represented as brother of the appellant/petitioner and signed the said form for registration of the said alleged marriage. The signatories of the said form were the men of the respondent. It is stated that there was no marriage at all on 24th November 1987 under the Hindu Marriage Act between the parties. ]t is further stated that the signature of the appellant/petitioner was obtained under influence and coercion in the said form, but the statements recorded in the register of marriage were not at all correct. It is stated that after being released from the clutches of the respondent, she procured the marriage registration certificate and after perusing the same she filed the instant suit, for a declaration that the marriage registration was a nullity as there had been no marriage at all under the law.
( 4 ) THE case of the respondent was that he has friendly relation with the appellant/petitioner and he never talked or proposed for marriage to the appel- lant/petitioner and that he had never detained the appellant in his house. According to the respondent their marriage as per Hindu rites took place in Kali Temple at Kalighat, Calcutta on 24th November, 1987. Thereafter, the appellant/petitioner and the respondent went to Ranaghat, a place far away from the city, with their common friends, namely Dilip Pal, Prabir Das and others for consumating the marriage and on 26th November 1987 they all returned to Calcutta and on the same date, the appellant and the respondent got their marriage registered before the Marriage Registrar of Alipore, Calcutta. It was stated that the marriage between them were duly performed and the registration certificate was signed and witnessed by the common friends of both of them. It was stated that the said marriage was an o
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