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2026:CGHC:23062-DB

NAFR

HIGH COURT OF CHHATTISGARH AT BILASPUR

FA(MAT) No. 282 of 2025

HIFZURRAHMAN

ANSARI

Siddharth Khare S/o Ramlochan Khare Aged About 34 Years R/o Ward No. 17, Kodabhat,

Digitally signed by Tahsil Pamgarh, District Janjgir-Champa (C.G.)

HIFZURRAHMAN

... Appellant

ANSARI

Date: 2026.05.23

16:08:00 +0530

versus

Jigyasa W/o Siddharth Khare D/o Khemchand Shriwas, R/o Village Rahoud, Police Station

Shivrinarayan, Tahsil Pamgarh, District Janjgir-Champa (C.G.)

... Respondent

For Appellant : Mr. Vivek Singhal, Advocate

For Respondent : Mr. Paras Mani Shrivas, Advocate

DB: Hon’ble Shri Justice Parth Prateem Sahu

Hon'ble Shri Justice Sachin Singh Rajput

Judgment On Board

14.05.2026

Per Sachin Singh Rajput , J .

1. The present appeal has been preferred under Section 19(1) of the Family

Courts Act, 1984 (for short, “the Act of 1984”) challenging the judgment and

decree dated 09.07.2025 passed in Civil Suit No. 157-A/2024 by the learned

Additional Principal Judge, Family Court, Janjgir District Janjgir-Champa

(C.G.) (hereinafter referred to as “ Family Court”).

2. By the impugned judgment and decree, the application filed by the respondent

under Section 11 of the Hindu Marriage Act, 1955 (for short, “the Act of

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1955”) has been allowed and the marriage dated 13.06.2023 solemnized

between the appellant and the respondent has been declared null and void.

3. The admitted facts of the case are that the appellant and the respondent were

married on 13.06.2023 at Arya Samaj Temple, Raipur (C.G.). It is also an

admitted fact that the appellant was earlier married to one Pooja Khare and

two sons were born out of the said wedlock. By filing an application under

Section 11 of the Act of 1955, the respondent pleaded that the appellant after

having love affair with her and suppressing the factum of his previous

marriage, solemnized marriage with her. It was further pleaded that while the

respondent was travelling to Bilaspur to appear in the examination for the post

of Assistant Manager in the Forest Department, the appellant pulled took her

down from the bus and brought her to Raipur and pressurized her to marry

him, failing which he threatened her with dire consequences. Being frightened

by such threats, the respondent solemnized marriage with the appellant. It was

further alleged that the appellant threatened the respondent not to disclose his

previous marriage to anyone and further threatened to make her marriage

video viral. Thereafter, in February, 2024, the appellant allegedly made the

marriage photographs viral, pursuant to which the respondent submitted a

complaint before the Superintendent of Police, Janjgir on 15.04.2024. Hence,

seeking declaration of the marriage dated 13.06.2023 as null and void, the

application was filed.

4. The application was resisted by the appellant by filing written statement

contending that the respondent was fully aware of his previous marriage with

Pooja Khare and the children born out of the said wedlock. It was pleaded that

his marriage with his previous wife had already been dissolved and despite

having knowledge of the same, the respondent voluntarily and out of her free

will performed marriage with him. It was further pleaded that under family

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pressure, the respondent filed the present application. It was also pleaded that

since the marriage between the parties was known to the family members of

the respondent and she was not being permitted to go with the appellant, he

had filed proceedings under Sections 97 and 98 of the Code of Criminal

Procedure at Pamgarh (C.G.). Accordingly, dismissal of the application was

prayed for.

5. On the basis of the aforesaid pleadings, the learned Family Court framed the

following issues:

1. Whether the non-applicant/respondent “Proved”

married the applicant during the lifetime of his

first wife or without obtaining dissolution of

marriage from her?

“Not Proved”

2. Whether the consent of the applicant for

marriage was obtained by force/coercion?

3. Relief and cost of proceedings? “As per Paragra