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2023 Supreme(Chh) 81

GOUTAM BHADURI, N. K. CHANDRAVANSHI
Surabhi Singh Rajput D/o. Rishi Singh Rajput – Appellant
Versus
Rupendra Singh Gautam S/o. Shri K. S. Gautam – Respondent


Advocates Appeared:
For the Appellant : Shri Sanjay Patel.
For the Respondent: Shri Vipin Tiwari.

JUDGMENT :

Goutam Bhaduri, J.

Heard.

1. Instant appeal is by the wife against the judgement and decree dated 27/03/2019 passed by the Family Court, Bemetara, District Bemetara in Civil Suit No.29-A/2016 whereby an application preferred by the appellant/wife under Section 11 of the Hindu Marriage Act, 1955 (hereinafter referred to as 'the Act of 1955') to declare the marriage dated 21/04/2016 as a nullity was dismissed.

2. The appellant filed an application before the family court pleading, inter alia, that on 21/04/2016 when she went to appear in an examination in the college, after examination when she came came out of examination hall/ college, the respondent came there in a car along with 8-10 people and abducted her by giving threat of life. At that time, the mental condition of the appellant was not good and she was administered certain intoxicant, so that she could be in a state of sub consciousness. It is further alleged that taking advantage of those situation, respondent obtained her signatures on certain documents and alleged marriage was said to have been performed. Thereafter, on 24/04/2016 the appellant was rescued from the custody of the respondent. It was stated that the

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