ILA BHARTI Vs. SAUMITRA SHANTANU
HIGH COURT OF DELHI
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(1.) This is an appeal filed under Section 28 of the Hindu Marriage Act, 1955
(hereinafter referred to as the 'Act') assailing the order and decree dated
04.09.2004 in H.M.A. No. 1008/2003 passed by the learned Additional District
Judge whereby application under Order 7 Rule 11 of the Code of Civil Procedure,
1908 (hereinafter referred to as 'CPC') filed by the respondent herein was
allowed and the petition under Section 12 (1) (c) of the Act filed by the
appellant herein was rejected.
(2.) The case of the petitioner appellant herein is that her marriage with the
respondent was solemnized on 12.05.2001 under threats and pressure from the
respondent and so there was no valid consent of the petitioner. It was alleged
by the petitioner in the petition before the matrimonial court that she was
abducted by the respondent on 11.05.2001 and was forced to marry him without her
consent who subjected her to cruelty, threat and criminal force and also
committed rape on her during the period of her illegal confinement. On
28.05.2001, appellant managed to escape from the confinement of the respondent
while he was asleep and then she went to the police station and lodged an FIR in
New Friends Colony Police Station under Sections 365/376/506/342 Indian Penal
Code against the respondent on 28.05.2001. The appellant further averred that
since then the respondent had been threatening her to refrain from pursuing the
criminal case and was also trying to malign her reputation in the public by
getting false and fabricated articles published in the local newspaper in Bokaro
in collusion with the editor etc.
(3.) During the course of the said proceedings under section 12(1)(c) of the Act
the respondent moved an application under Order 7 Rule 11 CPC for rejection of
the petition solely on the ground that the petition was time barred under
Section 12(2)(a)(i) of the Act since even as per the averments in the petition
force had ceased to operate on 28.05.2001 when the petitioner appellant herein,
had escaped from the custody of the respondent.;
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