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 alleged marriage dated 21/04/2016 was performed at Arya Samaj and the certificate issued by them since was not issued by the head of the institution was not valid and the marriage dated 21/04/2016 would be a nullity.

3. Per contra, the respondent/husband stated that on 21/04/2016, the appellant volunteered to join the company of respondent and without any threat, she accompanied the respondent and performed the marriage at Arya Samaj Mandir at Bhilai and marriage was performed following the rituals. It was further stated that after few days, the father of the girl came with the police people and forcefully took her away from his lawful custody. The respondent stated that though marriage was performed according to the rituals but threat was extended by the father of the girl and forcefully she was taken away on 24/04/2016. It was further stated that the marriage so performed was valid and legal, therefore application under Section 11 of 'the Act of 1955' preferred by the wife to declare the marriage as a nullity be dismissed.

4. The learned family court dismissed the application preferred by the wife in the back ground of the fact that no grounds have been established to declare the marriage a nullity. Hence this appeal.

5. Learned counsel for the appellant/wife would submit that the marriage was performed at Arya Samaj and the certificate issued by them is not recognized, specially when the allegation that marriage was said to have been performed under a threat and by influencing the mind of the appellant. He submits that there was no free consent. Consequently, the marriage in between the parties for want of consent be declared a nullity. He placed his reliance in the matter of Sushant Mukherji Vs. Ku. Poonam Jaiswal reported in 2010 (1) C.G.L.J. 377 (DB) and would submit that the trial court has failed to appreciate those facts, therefore instant appeal.

6. Learned counsel for the respondent/husband opposes the argument and would submit that the order passed by the learned family court is well merited, which do not call for any interference.

7. We have heard the learned counsel for the parties, perused the documents and the evidence.

8. In order to declare a marriage a nullity under Section 11 of 'the Act of 1955', it requires to be in contravention to the clauses (i), (iv) and (v) of section 5. Section 11 of 'the Act of 1955' describes 'Void marriages' which reads as follows:-

“11. Void marriages.-Any marriage solemnised after the commencement of this Act shall be null and void and may, on a petition presented by either party thereto [against the other party], be so declared by a decree of nullity if it contravenes any one of the conditions specified in clauses (i), (iv) and (v) of section 5.”

9. Likewise, since the reference is made to section 5 of 'the