In,

The Court Of Learned Principal Judge,

Family Court, Patna.

Matrimonial (Nullity) Case No: …………………… of 2022

IN THE MATTER
OF :

An application
under section 12(1)
(C) of Hindu
Marriage Act, 1955
&

IN THE MATTER
OF :

Abhishek Kumar (M) aged about 23 years, son of Sri

Chandradev Prasad, resident of Khairatali, Near devi Mandir,
P.O- Mittan Chak, P.S- Parsa Bazar, District- Patna
…….Petitioner

Versus

Kaushki Kumari (F) aged about 14 years, Daughter of

Ramavtar Paswan, daughter of Sri Aditya Kumar, resident of
Vill:- Chandaur, P.S: Bela, District:-Nalanda

.… Defendant
 The humble petition filed on
behalf of the petitioner above
named for the decree of
annulment of marriage under
section 12(1)(C) of the Hindu
Marriage Act, 1955.

Most Respectfully Sheweth:-

1. That, marriage of the petitioner and respondent was solemnized

on 29.07.2016 according to the Hindu rites and ceremonies.

2. That, the said marriage has not been consummated.

3. That, the petitioner was kidnapped by the respondent

family dated 28.07.2016 in which a case was lodged at
police station:- Parsa Bazar as PS case no-144/16 dated
06.08.2016 U/S 363/365 of Indian Penal Code.

4. That, the petitioner has recently found that respondent has

claimed to be the wife of petitioner by stating that marriage has
been consummated between Abhishek Kumar (Petitioner) and
Kaushki Kumari (Respondent) while he was minor and being
kidnapped by the respondent family.

5.That, the petitioner was induced to come vill:- Chandaura by his

sister’s cousin Gotni named Sangita Devi dated 28.07.2016.
further, on the way petitioner was kidnapped by brother of Sangita
Devi named Ramavtar paswan and confined petitioner Abhishek
Kumar at different- different unknown place. Where petitioner was
brutally beaten up and forced to marry with a girl named Kaushki
Kumari(respondent) at gun point.

6. That, thereafter Ramavtar Paswan and his men threatned the

petitioner to accept the marriage with respondent otherwise they
will kill him. Consequently at gun point marriage of petitioner and
respondent got solemnized without following any condition of
marriage under the Hindu marriage act, 1955.

7. That, the aforesaid marriage was also in contravention of section

5 (iii) of Hindu Marriage Act,1955 as at the time marriage both the
parties have not attained the age of marriage. Both the petitioner
and defendant are being minor at the aforesaid marriage.

8.That, the consent of petitioner was obtained by fraud or force for

the ceremony of marriage or any material situation connected with
the respondent which can be declared as null by decree of
annulment under section 12(1)(c) of the Hindu Marriage Act,1955.

9. That, the petitioner has never lived with respondent as husband

and wife, after the discovery of fraud or cessation of force.

10. That, the petitioner was and his family was in simple belief that
he was kidnapped dated 28.07.2016, which was also reported in
police station and having no any knowledge of his aforesaid force
marriage and its repercussions.

11. That, the petitioner has no any kind of relation after the
aforesaid forceful marriage.
12. That, the petitioner and has his family members got
continuously threat to accept the aforesaid impugned marriage,
which was conducted fraudulently and forcefully by kidnaping the
petitioner by deceitful means.

13. That, the respondent is living separately throughout at her

paternal home and the impugned marriage has not been
consummated.

14. That, the following reliefs being sought for in this matrimonial
suit:-

1. That, the aforesaid impugned marriage of petitioner

Abhishek kumar with respondent Kaushiki Kumari has been
conducted under threat of death and against the consent of the
petitioner as well as his guardian.

2. That, impugned marriage be declared void and may be

annulled by decree of nullity under section 12(1)(c) of the Hindu
marriage Act, 1955.

It is therefore prayed that your

honour may graciously be
pleased to admit this suit,
issue notice to the respondent
party and after hearing both
the parties, impugned marriage
may be annulled by decree of
 nullity of marriage dated
28.07.2016.

And/or

Pass such order/orders as this

Hon’ble court may deem fit and
proper in the facts and
circumstances of the case in
the light if natural justice.

And for this, the petitioner shall ever be duty pray.