D.V. Sehgal, J. - (1.) This case brings out an incongruous matrimonial relationship. Gursharan Singh, minor petitioner-appellant, suing through his mother Gurdev Kaur, was aged less than 15 years on 30-10-1983 on which date his marriage was solemnised with Surjit Kaur respondent who was aged above 30 years. While the minor husband was studying in 8th class the respondent was a Graduate. In the petition for annulment of marriage under section 12 of the Hindu Marriage Act, 1955 (hereinafter referred to as the Act') filed before the Additional District Judge, Faridkot, the petitioner-appellant through his mother Gurdev Kaur alleged that the marriage of the respondent was initially to be solemnised with one Raminder Singh Sra, who is working as Chief Fire Officer at Calcutta. His mother Gurdev Kaur was the mediator in that marriage. The leave of Raminder Singh Sra was cancelled 5 days earlier to the date fixed for the marriage. So, Gurdev Kaur and Raminder Singh Sra requested the father of the respondent to arrange the marriage earlier but he refused to do so. The marriage was thus postponed. On 29-10-1983, the father of the respondent along with ⅚ other persons armed with a gun went to the house of the minor husband, and threatened his mother either to produce Raminder Singh Sra on 30-10-1983 for solemnisation of the marriage or she should bring her minor son as bridegroom for marriage with the respondent otherwise her minor son would be killed. In brief, it is alleged that it was under threat and coercion that the marriage of the petitioner-appellant was solemnised.
(2.) The learned trial Court framed the following issues : (1) Whether the petitioner was minor at the time of marriage ? If so, its effect ? OPP (2) Whether the marriage was the result of coercion ? OPP (3) Relief.
(3.) As regards issue No. (1), it was not disputed that the petitioner- appellant was about 15 years of age and a student of 8th Class at the time of his marriage. The respondent, on the other hand, was undisputedly above 31 years of age and a Graduate at that time. The learned Additional District Judge, however, concluded that the marriage was not the result of threat or coercion. It was observed that Raminder Singh Sra was the best person who could have thrown light on the circumstances in which the marriage was brought about but he was not produced in the witness- box. He alone could have explained whether his marriage was settled with the respondent and why the same could not be solemnised. The learned Additional District Judge accordingly dismissed the petition vide judgment and decree dated 21-12-1984. The minor husband through his mother has approached this Court in appeal.;