IMPORTANT POINT
Annulment of marriage – Certificate of marriage issued by competent authority, is conclusive proof of marriage.

JUDGMENT (CAV)

Sujit Narayan Prasad, J.—The instant appeal has been filed on behalf of the appellant under Section 19(1) of the Family Courts Act, 1984 against the order/judgment dated 27.02.2021 [decree signed on 06.03.2021] passed by the learned Principal Judge, Family Court, Hazaribag in Original Suit No. 105 of 2017, whereby and whereunder, the said Suit filed by the appellant-wife under the provisions of Sections 25(i) & (iii) of Special Marriage Act, 1954 has been dismissed.

2. It requires to refer herein that vide order dated 12.10.2022 passed by this Court matter was referred for mediation. But the said mediation was failed which would be evident from order dated 19.12.2022, for ready reference the aforesaid order is being quoted herein:

08/19.12.2022

Mediation has failed, as per the report of learned Mediator, JHALSA bearing letter no. 3263A dated 02.12.2022.

2. Admit.

3. Call for the lower court records in connection with Original Suit No. 105/2017 from the Court of learned Principal Judge, Family Court, Hazaribag.

4. Place the case under the heading ‘For Hearing’ on receipt of lower court records, as per its age.

3. Thereafter again vide order dated 9.10.2025 matter was referred to the Jharkhand State Legal Services Authority (JHALSA) for amicable settlement of the issue, but the attempt of amicable settlement failed which would be evident from order dated 26.11.2025, for ready reference same is being quoted as under:

Order No.10/Dated 26th November, 2025

1. Mr. Prabhat Kumar Sinha, learned counsel appearing for the appellant. However, Mr. Shekhar Prasad Gupta, learned counsel for the respondent, has put his appearance after obtaining the N.O.C. from the earlier counsel. Both of them submitted that the mediation has failed, and this being the first day of hearing after the failure of mediation, they have not gone through the brief properly.

2. As such, they have prayed for an adjournment.

3. As jointly prayed for, let this matter be listed on 03rd December, 2025.

4. Thereafter instant appeal was reserved on 03.12.2025 for adjudication on merit.

Factual matrix

5. The brief facts of the case are referred herein as under:

It has been stated that the respondent obtained a marriage certificate by cheating and committing fraud on 10.4.2017 under sections 11 and 13 of Special Marriage Act. The petitioner has never resided with respondent as husband and wife. The signature of petitioner was obtained on marriage register certificate under coercion and threat. The petitioner has no knowledge about the witnesses who have put their signature on the certificate.

The respondent/husband was residing near the house of petitioner at Deep Urmila Niwas, Hanuman Nagar since 2007 and he was preparing for competitive examinations and during the said period he used to come to the house of the petitioner (appellant herein). By this way both, petitioner and respondent started knowing each other and closeness developed. The petitioner has never seen the respondent as life partner but during the course of study some books were exchanged between them.

In the meantime, in the year 2017 the respondent said that he has qualified in JPSC exam and for appointment some witnesses are required with residential proof and on good faith her signature was obtained on some forms and the same was converted into marriage application and the same has been filed before the special marriage officer.

After submission of the form the respondent started torturing petitioner and forced her to appear before the marriage officer and threatened if she failed to appear then her father and brother will be implicated in a false case and on this fear the petitioner put her signature and appeared before the marriage officer, Hazaribag on 10.04.2017 and from the registration office the respondent and his witnesses fled away.

Thereafter the petitioner returned to her home. Due to fear, she could not narrate the story to her parents but after few d