The burden of proof for the existence of a valid marriage lies with the party asserting its validity, and failure to provide necessary evidence can lead to the marriage being declared null and void.

JUDGMENT & ORDER

1. This is an appeal filed under Section 19(1) of the FAMILY COURTS ACT , 1984 assailing the Judgment dated 16.03.2021 passed in T.S.(Null) 1 of 2020 by the learned Judge, Family Court, Sonamura, Sepahijala Tripura whereby the learned Court below declared the marriage between the appellant and the respondent dated 10.08.2019 as null and void.

2. The fact of the case, in brief, according to the appellant-Sri Rupak Banik is that, the respondent herein, Smt. Suparna Paul is the legally wedded wife of the respondent and their marriage was solemnized at the house of Nidhan Paul of village-Office tilla, under Bishalgarh P.S. on 10th August 2019 according to Hindu religion, Vedic rites and ceremonies. The marriage declaration was done between them on 6th September 2019 before the Notary Public at Bishalgarh. After that, a 'certificate of marriage' bearing No.148 SDM/BLG/JDL was also issued on 13.09.2019 in favour of them.

After marriage, the respondent-wife herein always insisted upon the appellant that he should live apart from the other members of his family, and the respondent used to detest not only the parents of the appellant but also the other members of the family. The appellant herein is a driver by profession at the time of marriage and as he was not having a satisfactory job, the respondent-wife turned up against the appellant and deserted him without sufficient reason and filed a petition before the learned Family Court, Sepahijala, Sonamura under Section 11 of the HINDU MARRIAGE ACT , 1955 to declare the marriage between the appellant and the respondent as a nullity. The said petition was registered as T.S.(Null) 01 of 2020.

3. The respondent-wife herein as petitioner in that petition raised the ground that she did not know any Nidhan Paul nor she visited the house of Nidhan Paul on 10.08.2019. Therefore, the question of marriage does not arise. The respondent further submitted that in the notice dated 19.11.2019, the appellant herein did not aver that 'Saptapadi' was made before the sacred fire as per Hindu Rites and Customs. The respondent further averred that the signature of the respondent was taken on a blank paper and as such denied the notarial affidavit. The respondent also stated that the joint photograph was taken without letting the respondent herein know the purpose of such photograph. The respondent further stated that the respondent on a bonafide belief went to the office of the SDM, Bishalgarh and under the pressure of the appellant herein was compelled to state before the SDM, Bishalgarh regarding the marriage.

4. The appellant herein contested the suit by filing a written statement and in that written statement he stated as mentioned herein-above.

5. The learned Court below framed the following issues:-

'i) Whether the suit is maintainable in its present form and nature?

ii) Whether there is any cause of action for filing the suit?

iii) Whether the alleged marriage between the petitioner and the respondent is a voidable marriage?

iv) Whether any valid marriage was solemnized in between the petitioner and the respondent at any point of time as per Hindu rites and customs?

v) Whether the petitioner is entitled to a declaration that the alleged marriage dated 10.08.2019 in between the petitioner and the respondent is null and void?

vi) Whether the petitioner is entitled to a declaration that the Marriage certificate bearing No.148 SDM/BLG/JDL, issued by the SDM, Bishalgarh is illegal, void and inoperative?

vii) Whether the petitioner is entitled to get the decree, as prayed fo