Forcible marriage u/s 12(1)(c) - citations
Querist :
Anonymous
(Querist) 02 March 2019
This query is : Resolved
a divorce petition was filed u/s 12(1)(c) of HMA on behalf of a girl who was forcibly married by her parents against her wish. Petition was filed on 9.4.2018 in family court. summons were issued to the boy who is staying in America who did not respond and treated as ex-parte. evidence marking is over. The doubt is whether it should be treated as annulled marriage or voidable marriage ? as such case is prolonging. I request the experts whether any citations are there in this regard for cases of forcible marriage u/s 12(1)(c) ? request you to pl provide.thank you.
Vijay Raj Mahajan
(Expert) 02 March 2019
Firstly petition under section12(1)(c) of the Hindu Marriage Act, 1955 is NOT DIVORCE petition but annulment petition.
Secondly the Family Court while deciding the ex-parte proceedings in the matter on the basis of the evidence of the petitioner will decide the issue if the marriage is voidable and should be annulled by decree of nullity or not.
Simply the ex-parted proceedings should not be taken to be decided in favor of the petitioner unless sufficient evidence to hold that exists, that principle the Family Court follows. Yes the evidence of the petitioner remains unchallenged and is decided in the favor of the petitioner but there has to be that on record for the court to decide it.
