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by Admin
07 May 2024 2:49 AM
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
