The central legal point established in the judgment is the interpretation and application of essential marriage ceremonies and conditions under Hindu law.

JUDGMENT :

Bibek Chaudhuri, J.

1. The instant Second Appeal is directed against the judgment and decree dated 27th June, 2008 passed by the learned Additional District Judge, 3rd Fast Track Court, Contai, Purba Medinipur in Title Appeal No.17 of 2006 renumbered as Title Appeal No.04 of 2007 affirming the judgment and decree passed on 30th September, 2005 by the Civil Judge (Junior Division), 1st Court, Contai in Title Suit No.123 of 1999. The appellant as plaintiff filed a suit for declaration and permanent injunction to the effect that the defendant is not legally married wife of the plaintiff. No marriage under the Hindu Law was solemnized by and between the plaintiff and the defendant. The said alleged marriage was never consummated and it was not performed on free will and voluntary consent on the part of the plaintiff/appellant. The plaintiff had also prayed for permanent injunction restraining the defendant/respondent from claiming as a legally married wife of the appellant.

2. A brief factual narration is necessary for the purpose of the instant appeal which is set out below :

One Haripada Huzzait was a co-villager of the plaintiff. The defendant is a relative of the said Haripada Huzzait and she used to visit frequently to the house of Haripada. Due to village and political rivalry relation between the plaintiff and Haripada was not cordial. However, the father of the defendant and Haripada proposed to the plaintiff to marry the defendant which he rightly refused on 9th May, 1999. At about 6 p.m. when he was returning to his house from Contai, Haripada, the defendant, her father and some other persons obstructed him and started to put pressure upon him to take the defendant to his house as his legally married wife. The plaintiff refused to such proposal. He became mentally upset and somehow escaped. Since the defendant openly declared herself as the legally married wife of the plaintiff, it prompted him to institute the suit. The defendant contested the said suit by filing written statement. In her written statement, she denied all material allegations made out by the plaintiff in his plaint against her.

3. It is specifically denied that Haripada Huzzait was a relative of the said defendant. The specific case of the defendant is that her marriage with the plaintiff was held on 10th June, 1998 corresponding to 26th Jaistha, 1405 B.S. One Benupada Panda was the priest and Ramkrishna Shil was the Barber in the said marriage. The marriage was performed following Hindu rites and ceremonies. However, the defendant was driven out from her matrimonial home on 1st Falgoon, 1405 B.S. Finding no other alternative, she took her shelter at her paternal home. She informed the matter to the local P.S. vide a G.D. Entry No.666. She also filed an application under Section 125 of the Code of Criminal Procedure praying for maintenance against the plaintiff in the Court of the Learned SDJM, Contai. Subsequently, the defendant tried to settle the dispute amicably but the plaintiff refused to accept her as his wife.

4. Upon the pleadings of the parties, the Trial Court framed as many as six issues. Parties led evidence in support of their respective cases and on due consideration of evidence on record, the learned Trial Judge dismissed the suit on contest.

5. It is important to note that issue Nos. 3 and 4 are the material issues before the Trial Court. The said issues are :

3. Was there any marriage between the plaintiff and the defendant as per Hindu rites and customs at any point of time?

4. Whether the plaintiff and the defendant at any point of time resided as husband and wife?

6. While dealing with the said issues, the learned Trial Judge considered the evidence of the plaintiff who deposed as P.W.1. In his evidence, according to the learned Trial Judge, the plaintiff admitted the defendant as a married woman. Secondly, the learned Trial Judge relied upon the evidence of the priest namely Benupada Panda and the barber Ramkrishna Shil. The lear