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