A marriage certificate granted by the Registrar of Marriage is conclusive proof of a valid marriage under Section 13(2) of the Special Marriage Act, 1954.

H. K. SEMA, J. :- This appeal is directed against the judgment and order dated 31-10-97 passed by the Principal Judge, Family Court, Kamrup, Guwahati in FC (Civil) No. 30/96, rejecting the complaint filed under Section 5 of the Special Marriage Act 1954 (hereinafter the Act) to nullify the marriage solemnised between the appellant and the respondent on 9-1-95 before the Registrar of Marriage under the Act.

2. The story as revealed by the counsel of both sides leading to the filing of the present appeal is quite otherwise pathetic. A boy of 30 years old (respondent herein) and a girl of 21 years old (appellant) fell in love and exchanging love letters, culminating in the marriage solemnised before the Registrar of Marriage on 9-1-95 preceded by a notice. It would appear that the mariage of the appellant was not known by the parents of the appellant and when the proposed second marriage was to be solemnised in 22-2-96, the respondent herein produced a marriage certificate granted on 9-1-95 by the Registrar of Marriage to the bridegroom family. Consequent upon the complaint filed by the respondent herein the marriage could not be solemnised on 22-2-96. An application under Section 5 of the Marriage Act has been filed for nullity of marriage solemnised on 9-1-95. The Principal Judge, Family Court heard the parties and after perusing evidence and examining the documents exhibited before him came to the finding that the marriage was solemnised between the parties on 9-1-95 is valid. Being aggrieved the present appeal has been filed.

3. The sole contention of Mr. A. Roy, learned counsel for the appellant assisted by Mr. Abhijit Roy are that the signature of the appellant has been obtained by fraud and coercion.

4. There is no dispute that at the time of marriage the appellant was 21 years old and she was a student of first year T.D.C. There is also no dispute that the marriage has been solemnised before the Registrar on 9-1-95, preceded by a notice on 8-12-94. The marriage officer has been examined as D. W. 2 and Court witness No. 1. She was an educated lady of major age. She never complained that her signature was obtained by fraud or by coercion. D. W. 2 and Court witness No. 1 has been subjected to cross-examination, however, their statement in chief could not be impeached with regard to the solemnisation of the marriage between the appellant and the respondent on 9-1-95. Moreso, in instant case, the appellant is an educated lady being first yeat T.D.C. student at the time of marriage on 9-1-95 and she was of major age. We are unable to accept the contention that the signature of the appellant in the marriage certificate has been obtained by fraud because in normal circumstance it would be impossible to practice fraud on a educated lady of first year T.D.C. and of major age.

5. This apart, under Section 13(2) of the Act where a dispute has arisen with regard to the validity of marriage, a certificate of marriage is a conclusive proof of valid marriage. In the instant case the certificate of marriage granted by the Registrar of Marriage were exhibited as Ext. Kha, and Ext. Ga, produced by D. W. 2 and Court witness No. 1. Although the learned counsel for the appellant questioned the genuineness of the signature of the appellant appearing in the Ext. Kha and Ga, the appellant did not deny that it was her signature. The only case of the appellant as discussed above was that the signature was obtained by fraud. There is yet another difficulty to accept the plea of the appellant that her signature in Ext. Ka and Ga has been obtained by fraud. As already said that the marriage was solemnised on 9-1-95. For the first time the appellant has raised the plea of obtaining the signature of the appellant by fraud after 2nd arranged marriage to be held on 22-2-96 has been frustrated. From 9-1-95 till 22-2-96 no dispute was raised, that the appellants signature was obtained by fraud with regard to the solemnisation of marriage on 9-1-95. The