NEW DELHI: The Supreme Court has stayed the Patna high court judgment whereby it had annulled the marriage of an Indian Army personnel who was allegedly abducted and forced to marry at gunpoint, a practice known as “Pakadua” wedding in local dialect.
A division bench issued notices and stayed the judgment of the HC on an appeal filed by the wife. The HC had set aside a three-year-old judgment of the family court which had refused to pass order in favour of of the husband to annul the marriage.
The man, an Army constable, was forced to marry a woman in 2013.He later lodged a complaint with the family court with a request to annul his forced marriage. He moved the HC after the family court dismissed his petition on January 27, 2020.
A division bench HC ruled in his favour. “Once the petitioner put forward his claim of being forced into the marriage and the ceremony not being performed according to rites and rituals and, subsequently, criminal case being registered against the respondent and others, the onus was on the respondents to rebut the contention of the petitioner by showing that the marriage was solemnised following all rites and rituals. However, the evidence discussed herein above is not supportive of the case of the respondents,” the HC had said.
A division bench issued notices and stayed the judgment of the HC on an appeal filed by the wife. The HC had set aside a three-year-old judgment of the family court which had refused to pass order in favour of of the husband to annul the marriage.
The man, an Army constable, was forced to marry a woman in 2013.He later lodged a complaint with the family court with a request to annul his forced marriage. He moved the HC after the family court dismissed his petition on January 27, 2020.
A division bench HC ruled in his favour. “Once the petitioner put forward his claim of being forced into the marriage and the ceremony not being performed according to rites and rituals and, subsequently, criminal case being registered against the respondent and others, the onus was on the respondents to rebut the contention of the petitioner by showing that the marriage was solemnised following all rites and rituals. However, the evidence discussed herein above is not supportive of the case of the respondents,” the HC had said.
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