IN THE HIGH COURT OF JUDICATURE AT PATNA
CWJC No.10599 of 2010
1. CHANDRA SHEKHAR KUMAR, S/O SRI RAM CHARITRA SHARMA, R/O
VILLAGE BAHRAMA, P.S. HALSI, DISTRICT- LAKHISARAI.
Versus
1. THE STATE OF BIHAR THROUGH THE SECRETARY, DEPARTMENT OF HOME,
GOVT. OF BIHAR, PATNA.
2. RAUSHAN KUMARI, D/O NIRANJAN SINGH, R/O VILLAGE + P.O.
WALIPUR, P.S. & DISTRICT- LAKHISARAI.
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2/ 09/12/2010 Heard learned counsel for the petitioner and
learned counsel for the State.
Learned counsel for the petitioner submits
that the father of the petitioner lodged a First Information
Report on 30.6.2007 for forcible abduction of the
petitioner. He was then forcibly married to the
respondent No.2 followed by a suit for annulment of the
marriage on 28.11.2007 after he was released from the
kidnappers. All this while, no application for restitution
of conjugal rights was filed. In the circumstances, the
mere fact of a forcible marriage may not be sufficient to
sustain the impugned order.
Issue notice to Respondent No.2 both, under
registered cover with A/D and by ordinary process,
requisites etc. for which must be filed within one week
failing which the application against Respondent No.2,
shall stand rejected without further reference to a Bench.
In the meantime, the petitioner shall continue
to deposit the amount in question in the Court where
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Title Matrimonial Suit No.30/07 is pending.
Liberty is also granted to serve notice along
with copies of the application on the counsel representing
respondent No.2 in the Court of the Additional District
Judge/F.T.C. No.2 at Lakhisarai where Title Matrimonial
Suit No.30/07 is pending. Let an affidavit of service be
then filed enclosing proof of service.
List for admission after report of service by
either mode or affidavit enclosing proof of service is filed.
KC ( Navin Sinha, J.)