M.L.SINGHAL, J. - (1.) FACTS . Nidhi is the axle of the case. As per her, she never married Sanjay Bhardwaj of her free will and violation. Her marriage with Sanjay Bhardwaj is a forced marriage. It has its origin in her abduction by him and then the use of force on her. She filed petition at Delhi in September 1999 under Section 12 of the Hindu Marriage Act, 1955 for annulment of her alleged marriage with Sanjay Bhardwaj by decree of nullity, on the allegations that she and Sanjay Bhardwaj became acquainted with each other as she was studying in MFC 2 year in Punjab University, Chandigarh while Sanjay Bhardwaj is residing at 707, Sector 2, Panchkula. He used to misbehave with her and her parents. She snapped her acquaintances with him. Thereupon, he apologized to her and her parents and sent them cards to that effect. In one of the cards, he admitted that she had not loved him. He further admitted that she had changed her feelings towards him and, therefore, he was getting married to another girl on 15th of May. On 15.5.99, she along with her friend Amisha went to Sector 15 market for buying mushrooms. While she was waiting for her friend, he came to her saying that he wanted to talk to her for a minute. He forcibly pushed her into a car and drove towards Mohali. At that time, he was drunk and was carrying a bottle of liquor with him. She requested him to let her go but he did not agree and threatened that he would strangulate her and kill her if she raised noise. He did not restore her to her parents although her father had called him on his mobile phone. He became angry and said that he was taking her with him. He drove towards Delhi. Her father reported the matter to the police which was recorded at PS Sector 36, Chandigarh. She was taken to Delhi at the residence of one of his uncles. She informed his uncle that she did not want to marry him. He solemnized marriage with her at Arya Samaj Mandir Delhi at the point of knife. She did not go through the ceremony of marriage of her free will, consent and volition. Marriage was forced upon her. It was no marriage in the eye of law as this was forced marriage. None of her relations/members of the family was present at the time of marriage. "Kanyadan" was not given by her father or any other member of her family. She was subjected to sexual intercourse by him on 16.5.1999 and 17.5.1999 against her will and without her consent. It was forcible sexual intercourse which he had with her. From Delhi, on 20.5.1999, he took her to Bhubaneshwar. From there, he took her to Gopalpur at the residence of his friend one Rajiv Gupta. He kept her there till 26.5.1999. He did not let her contact her father. She informed Shri Rajiv Gupta that he had forcibly, without her consent solemnised marriage with her. On receiving information from his father that her father had got case registered against him, he and Rajiv Gupta decided to get the marriage registered. He could not get the marriage registered as she was required to go to the Magistrate.
(2.) TREATING her marriage as no marriage in the eye of law having origin in abduction, she married Parshant Arora. Her case is that her marriage with Parshant Arora is a valid marriage as when she married Parshant Arora, she was an unmarried girl. Her marriage with Parshant Arora was her first marriage. Parshant Arora taking his marriage with Nidhi as no marriage in the eye of law; it being her second marriage, during the subsistence of her marriage with Sanjay Bhardwaj, filed petition for decree of nullity of marriage under Sections 11 and 12 of the Hindu Marriage Act, 1955 in Karnal Court. It was alleged by Parshant Arora in his petition that his marriage with Nidhi was got registered with the Registrar of Marriages, Karnal on 2.6.1999 after observing the necessary legal formalities. In fact a ring ceremony was performed on 1.6.1999 and no marriage/muklawa ceremony took place. His marriage with Nidhi was not consummated as there was no marriage between them in the eye of law. Law did not clothe them with the status of husband and wife. His parents were in search of a good match for him. Nidhi was suggested for marriage to him by their common friends namely Shri Ved Parkash Mehta and S.K. Chawla residents of Karnal on 28.5.1999. Meeting was arranged at Karna Lake, Karnal where he and Nidhi saw each other for the first time in the presence of their respective parents and friends. Since he and Nidhi had consented to their marriage, ring ceremony was arranged on 1.6.1999 at Hotel Jewels, Karnal which was attended by their parents, some of their relatives and friends. It was decided that the marriage/muklawa ceremony shall be performed in September/October 1999 when the Visa process would be over (it may be mentioned here that Parshant Arora is NRI residing in Canada) and with this intention, the so-called marriage between him and Nidhi was got registered. Since fraud was discovered before the visa papers could be submitted for obtaining visa, the same were not moved to the concerned authority. Marriage between him and Nidhi on the basis of marriage certificate dated 2.6.1999 is null and void as Nidhi had already a spouse living namely Sanjay Bhardwaj at the time of registration of her marriage with him. It was alleged by Parshant Arora that his marriage with Nidhi was in violation of Section 5(1) of the Hindu Marriage Act, 1955 and as such is void under Section 11 of the Hindu Marriage Act, 1955. It was also alleged by Parshant Arora that the so-called marriage between him and Nidhi was liable to be annulled as his consent for matrimonial alliance with Nidhi was obtained after practising fraud on him i.e. by concealing the fact of her earlier subsisting marriage with Sanjay Bhardwaj. Had the factum of her subsisting marriage with Sanjay Bhardwaj been disclosed to him, he would never have consented to his marriage with her. It was not disclosed to him that her father has got registered a case against Sanjay Bhardwaj under Sections 363, 366, 376, 420, 120-B IPC at PS Sector 36, Chandigarh. It was also not disclosed to him and his parents that she had got herself medically examined on 28.5.1999 and also that her statement was recorded under Section 164 Criminal Procedure Code before the Magistrate at Chandigarh.
(3.) NIDHI filed application dated 25.9.2000 under Section 10 CPC before the Karnal Court for stay of the proceedings before him during the pendency of the proceedings at Delhi Court. Vide order dated 17.10.2000, Additional District Judge, Karnal dismissed this application moved by her under Section 10 CPC.;