The main legal point established in the judgment is that without evidence of a valid marriage ceremony, a marriage cannot be declared null and void.

JUDGMENT :

Jaishree Thakur, J.

1. The Regular Second Appeal has been filed by the appellant seeking to challenge the judgment and decree of both the courts below whereby her suit for declaration to the effect that the alleged marriage said to have taken place on 21.8.2014 between the appellant and the respondent herein is non-est, null and void as no marriage between the parties was performed according to the Hindu rites, has been dismissed.

2. The appellant/plaintiff (hereinafter referred to as 'the plaintiff') had filed a suit for declaration to the effect that the alleged marriage ceremony said to have taken place on 21.08.2014 between the plaintiff and the respondent/defendant (hereinafter referred to as 'the defendant') was null and void. It was the case of the plaintiff that she got to know the defendant through a common friend. The defendant and his family members coerced her to perform the marriage with the defendant. It is her case that the plaintiff did not enter into such relationship of her free consent. The relationship had not been solemnized as per the provisions of the Hindu Marriage Act, 1955 and the parties never lived together as husband and wife. It was further her case that the defendant used her signatures obtained on blank papers to file petition in this court seeking protection.

3. On notice, though the defendant was duly served but he did not put in appearance and was proceeded against ex-parte. The plaintiff led exparte evidence. On completion of the evidence, the trial Court held that though the evidence led by the plaintiff goes unrebutted, uncontroverted and unchallenged, but, as per settled law, she has to prove her own case and she cannot rely upon the weakness of the defendant and thus, dismissed the suit as not maintainable holding that the plaintiff had an efficacious remedy to get the marriage declared as null and void under the provisions of the Hindu Marriage Act, 1955.

4. Aggrieved against the judgment and decree of the trial Court, the plaintiff preferred an appeal before the first Appellate Court, who though held that a declaratory suit filed under Section 34 of the Specific Relief Act was maintainable, however, observed that the plaintiff failed to prove her case that no ceremony for the alleged marriage between the parties had taken place at Gurdwara Dashmesh Pita Patshahi Dashvi, Panchkula. One of the grounds for the aforesaid finding was that the plaintiff had not examined any Granthi (Priest) of the said Gurudwara in support of her plea that no such marriage ceremony had taken place and on this premise dismissed the appeal. Aggrieved against the judgments and decree of the courts below, the plaintiff has preferred the instant appeal.

5. At the outset, it is noted that alongwith the appeal, an application under Order 41 Rule 27 of the Code of Civil Procedure was filed for placing on record an affidavit of Granthi (Annexure A1), by way of additional evidence, who has deposed that the plaintiff and defendant had just visited Gurudwara and paid obeisance before the Guru Granth Sahib but no formal marriage ceremony as per Sikh traditions was solemnized either by him or any other Priest or Sewadar, who were present in the Gurudwara on 21.08.2014. On the application for leading additional evidence, this Court on 3.12.2018 allowed the application and directed the plaintiff to appear before the Civil Judge (Sr. Division), Chandigarh, to get her statement recorded by way of additional evidence as well as of the Granthi, namely Amar Singh. The trial court was directed to send the file to this Court, which has been received and perused by this Court.

6. Learned counsel appearing on behalf of the appellants submits that though the plaintiff/appellant has established on the record by leading overwhelming evidence that no marriage had taken place between the plaintiff and defendant by performing sacred ceremony of solemnization of marriage at Gurdwara Dashmesh Pita Patshahi Dashvi, Panchkula on 21.8.2014