Case Note & Summary
The appellant, Smt Channamma, filed a suit for declaration that her marriage with the respondent, Sri Bellappa, was a nullity on the ground that her consent was obtained under threat and coercion. She alleged that she was kidnapped by the respondent on 12.2.2010 when she was a minor and kept in captivity until she attained majority. On 3.5.2010, she was forced to go through a marriage ceremony in a temple under threat and coercion. A criminal case under Sections 366A, 109 read with 34 IPC was registered against the respondent. The Family Court at Gulbarga dismissed the suit. On appeal, the High Court interacted with both parties. The appellant stated that she was under constant threat and coercion and did not give free consent to the marriage. The respondent claimed the marriage was voluntary. The High Court found that the appellant's consent was not free and voluntary, and the marriage was a nullity. The court set aside the trial court's judgment and decree, declared the marriage null and void, and directed the respondent not to interfere with the appellant's life.
Headnote
A) Family Law - Nullity of Marriage - Coercion and Lack of Free Consent - Sections 12(1)(c) of the Hindu Marriage Act, 1955 - The appellant sought declaration that her marriage was a nullity as her consent was obtained under threat and coercion after being kidnapped as a minor. The High Court, after interacting with the parties, found that the appellant was under constant threat and coercion and had not given free consent. Held that the marriage is a nullity and set aside the trial court's dismissal. (Paras 1-6) B) Family Law - Court's Interaction with Parties - Ascertaining Consent - The High Court exercised its power to call parties and interact with them to ascertain the true state of mind of the appellant regarding the marriage. The appellant's clear statement that she was under threat and coercion and did not consent freely was given weight. Held that such interaction is crucial in cases involving allegations of coercion. (Paras 3-4)
Issue of Consideration
Whether the marriage solemnized on 3.5.2010 between the appellant and respondent is a nullity on the ground that the appellant's consent was obtained under threat, coercion, and without free will.
Final Decision
Appeal allowed. Judgment and decree dated 11.8.2011 in OS 36/2010 by Family Court Judge, Gulbarga set aside. Marriage between appellant and respondent declared null and void. Respondent restrained from interfering with appellant's life.
Law Points
- Consent under coercion vitiates marriage
- Nullity of marriage under Hindu Marriage Act
- Burden of proof on party alleging coercion
- Court's power to interact with parties to ascertain consent
