SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

2024 Supreme(Ori) 60

ARINDAM SINHA, M. S. SAHOO
Monalisa Mohapatra – Appellant
Versus
Jitendra Sahoo – Respondent


Advocates:
Mr. Gopinath Mishra, Advocate, for the Appellant.

JUDGMENT

Arindam Sinha, J.

Appellant-wife is before us being aggrieved by impugned judgment dated 22nd February, 2022 of the Family Court. Mr. Mishra, learned advocate appears on behalf of her and submits, his client was kidnapped on 1st August, 2018. She was rescued on 14th November, 2018. His client seeks annulment of the marriage because it was without herconsent, taken place during the period, when she was in custody of respondent-husband. He submits, the petition was dismissed on the bar by section 12(2)(a)(i) in Hindu Marriage Act, 1955. The provision is reproduced below.

    "12(2)(a)(i) Notwithstanding anything contained in subsection (1), no petition for annulling a marriage-

    (a) on the ground specified in clause (c) of sub-section

    (1), shall be entertained if-

    (i) the petition is presented more than one year after the force had ceased to operate or, as the case may be, the fraud had been discovered; ... ... ... "

2. He submits further, it may well be finding of the family Court that cessation of force was date of the rescue but his client was not aware there had been a marriage. On respondent-husband producing purported affidavit allegedly signed by her declaring the marriage, his c

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top