A 10-year-old 'pakadua biyah' (forced marriage) was annulled by the Patna High Court. The court revoked the marriage of an Indian Army personnel who was kidnapped and made to enter into wedlock with a woman, at gunpoint, 10 years ago.
A division bench comprising Justices P B Bajanthri and Arun Kumar Jha passed the order earlier this month. The court set aside a three-year-old judgement of the family court at Lakhisarai which had refused to pass a decree in favour of the petitioner.
The petitioner Ravi Kant, a native of Nawada district, was abducted by the bride's family on June 30, 2013, when he was in Lakhisarai to offer prayers at a temple.
What is pakadua biyah?
'Pakadua biyah' is a social evil that has plagued Bihar for years. The issue been the theme of several movies. Family members of girls resort to the disingenuous method in a bid to avoid paying hefty dowry.
The petitioner fled the bride's house without consummating the marriage, went to Jammu and Kashmir to resume duty and upon return on leave, moved the family court seeking annulment of the marriage.
His petition was dismissed by the family court on January 27, 2020 following which he filed an appeal before the high court.
The high court set aside the impugned order observing that the family court took a "flawed" view that the petitioner's case became "disbelievable" since he did not "immediately" file the suit for annulment of marriage.
"The petitioner has explained the situation and there is no undue delay," said the court.
"The learned family court's finding that not performing the ritual of 'saptapadi' does not mean that marriage has not been performed, is devoid of any merit," ruled the high court.
(With PTI inputs)
