Jammu & Kashmir High Court Directs Construction of Overhead Bridge or Underpass on Ring Road for Safe Passage of Villagers Minor Injuries No Bar for Framing Charges Under Section 307 IPC if Intent to Kill is Present: Supreme Court Prosecution's Case Full of Glaring Doubts:  Supreme Court Overturns Conviction in Abduction and Murder Case Allegations of Dowry Demand in FIR Found Vague and Driven by Civil Property Dispute: Supreme Court Quashes FIR and Chargesheet in Dowry-Cruelty Case Local Police Failed to Perform its Duties: SC Directs New Investigating Officer in Property Dispute Properties Acquired By Gift During Marriage Remain Separate Property Of Spouse Under French Civil Code; Husband Entitled To Half Share Only In Community Assets: Madras High Court Abuse Of Process: Supreme Court Dismisses Plea Against Closure Of Human Trafficking Complaint, Flags Lack Of Bona Fides Access To Justice Cannot Be Denied When Tribunal Is Not Functioning': Calcutta High Court Holds Writ Maintainable Under Article 226 Amid Stalled Conciliation Proceedings Violation Of Natural Justice Overrides Bar On Maintainability Under Section 18 MSMED Act: Orissa High Court Panic In A Train Does Not Mean Self-Destruction: Punjab & Haryana High Court Grants ₹8 Lakh Compensation For Passenger's Death In Stampede Section 101 JJ Act | Date Of Knowledge Of Order, Not Mere Knowledge Of Disposal, Commences Limitation Period: Delhi High Court Telangana High Court Quashes Order Declaring Inam Land As Govt Property Without Determining Occupancy Rights Proviso To Section 125(3) CrPC Does Not Limit Enforcement Of Monetary Relief Orders Under Section 20 DV Act: Telangana High Court Regularization Of Deviation Within Permissible Plot Envelope Governed By Uniform Fee Schedule, Arbitrary 5X Penalty Unsustainable: J&K&L High Court Man Who Blackmailed Woman With Her Own Nude Photos To Rape Her Repeatedly Can't Escape Conviction Merely Because His Voice Sample Wasn't Taken: Delhi High Court Arbitration Clause In Sale Agreement Cannot Be Invoked If Subject Matter Involves Third-Party Title Disputes: Madhya Pradesh High Court Trial Court Errs In Dismissing Amendment Plea If New Facts Emerge From Written Statement: Punjab & Haryana High Court 'No Compensation For Own Wrong': Gujarat High Court Rules Tortfeasors & Legal Heirs Cannot Claim Motor Accident Damages Under Section 166 MV Act Allahabad High Court Pulls Up Police And Magistrates Over Illegal Remand Of Juvenile Accused Section 13(1)(ia) & (ib) Hindu Marriage Act | Spouse Seeking Divorce On Grounds Of Cruelty And Desertion Must Prove Allegations With Cogent Evidence: Telangana High Court Cannot Let Land Become Banjar: Punjab & Haryana High Court Upholds Appointment Of Receiver Under BNSS Amidst Pending Civil Title Disputes Section 8 Arbitration Act | Executing Court Must Refer Parties To Arbitration If Dispute Falls Within Scope Of Compromise Decree: Madhya Pradesh High Court Suit For Damages Arising Out Of Tortious Injury Barred By Limitation If Not Filed Within One Year: Punjab & Haryana High Court 72-Hour Gap Not Proximate: Calcutta High Court Quashes Murder Conviction, Holds 'Last Seen' Theory Inapplicable When Time Gap Is Wide Original Owner Cannot Create Trust Over Property Already Sold; Separate Relief For Title Declaration Not Required: Madras High Court

Forced Marriage Lacks Legal Sanctity: Patna High Court Annuls Marriage in Landmark Ruling

07 May 2024 8:19 AM

By: Admin


In a significant ruling that emphasizes the importance of consent in marital relationships, the Patna High Court, comprising Honourable Mr. Justice P. B. Bajanthri and Honourable Mr. Justice Arun Kumar Jha, has set aside a judgment of the Family Court, thereby annulling a marriage on the grounds of it being conducted under duress and without free consent.

The case, Ravi Kant Vs. Bandana Kumari (Miscellaneous Appeal No.248 of 2020), centered around the appellant, Ravi Kant, who contested that his marriage to Bandana Kumari was conducted at gunpoint, thus lacking his free consent, an essential element for a valid marriage under Hindu law. The Family Court’s earlier decision to dismiss his petition for annulment was overturned by the High Court.

In their judgment, the High Court observed, “Marriage solemnized under threat and coercion impacts the very essence of matrimonial union.” This observation underscored the court’s stance on the sanctity of free will in the institution of marriage.

The High Court meticulously reviewed the evidence and testimonies presented, noting significant discrepancies and lack of corroborative evidence from the respondent’s side. The judges pointed out that the Family Court had failed to frame necessary issues and prepare a decree, which was a procedural lapse affecting the case’s outcome.

Furthermore, the High Court referred to the Full Bench decision of the High Court in Sunita Kumari vs. Prem Kumar with Braj Kishore Singh vs. the State of Bihar & Anr., to clarify the nature of appeals under Section 19 of the Family Courts Act, 1984. This reference played a crucial role in treating the appeal as a Miscellaneous Appeal.

In their conclusive statement, the High Court remarked, “A marriage devoid of free will and choice denies dignity and respect, fundamental to matrimonial harmony.” This strong statement reinforced the court’s decision to annul the marriage, offering a precedent on the importance of consent in marriage.

Legal experts view this judgment as a reinforcement of individual rights and dignity within the framework of matrimonial laws. The case was argued by notable advocates from both sides, with Mr. Jitendra Kishore Verma leading the appellant’s legal team and Mr. Shashank Shekhar representing the respondent.

This ruling is expected to have significant implications in cases involving forced marriages, highlighting the judiciary’s commitment to upholding individual autonomy and rights in marital relationships.

Date of Decision: November 10, 2023

Ravi Kant VS Bandana Kumari

Latest Legal News