PUSHPENDRA SINGH BHATI, MADAN GOPAL VYAS
Indraj Kumar – Appellant
Versus
Shobhana – Respondent
ORDER :
The instant appeal has been preferred under section 28 of the Hindu Marriage Act read with Section 19(2) of Family Court Act claiming the following prayer:-
2. Learned counsel for the appellant submits that appellant and respondent were having good friendship. He further submits that there is allegation that respondent's cold drink was spiked on 31.01.2017 and when she lost her senses she was put in a vehicle and taken to a temple, where she was made to sign certain papers and then she was left home by the appellant and his friends and she was threatened that the same may not be disclosed to anyone. On 21.02.2017 also, respondent was forcibly taken to Bikaner by the appellant and his friends and she was forced to sign certain documents. When the respondent informed her family members about the sai
Marriage can be declared voidable if consent is obtained through fraud or coercion, especially in cases involving serious allegations and the parties' young age.
The judgment establishes that not every misrepresentation or concealment of fact constitutes fraud under the Hindu Marriage Act, and it emphasizes the importance of proving grounds for annulment.
The petition for annulment of marriage must be filed within one year from the discovery of force or fraud in obtaining the consent for the marriage.
The court established that a petitioner's burden to prove coercion and the invalidity of marriage requires substantial evidence; default in cross-examination does not validate unsubstantiated claims.
Restitution of conjugal rights – Where marriage itself is not proved, decree for restitution of conjugal rights cannot be sustained.
A marriage conducted without the consent of one party and lacking the requisite ceremonies as per the Hindu Marriage Act is deemed non-existent, allowing for annulment without the constraints of stat....
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.