In a landmark judgment, the Patna High Court has annulled a marriage that was solemnized a decade ago under coercive circumstances. This decision, which overturns a previous ruling by the family court in Lakhisarai, Bihar, was made in the case of an Indian Army signalman, Ravi Kant, who was forced to marry at gunpoint.
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The division bench of Justices P B Bajanthri and Arun Kumar Jha set aside the 2020 judgment of the family court, which had refused to annul the marriage. The incident, which took place on June 30, 2013, involved Kant being abducted by the bride’s family while visiting a temple in Lakhisarai. This act is indicative of the notorious ‘pakadua biyah’ practice in Bihar, where men are forcibly married, often to avoid dowry demands.
Kant, hailing from Nawada district, managed to escape from the bride’s house without consummating the marriage and resumed his duties in Jammu and Kashmir. Upon his return, he approached the family court seeking annulment of the marriage.
The High Court’s decision was influenced by the absence of the ‘saptapadi’ ritual, a key element in Hindu weddings. The court noted,
“On the same day, he was forced to apply vermilion (sindhoor/ sindhur) on the bride’s forehead and compelled to enter into a ‘marriage’ without any other accompanying ritual while being threatened at gunpoint.”
The court was surprised to note that the Pandit (priest) who officiated the marriage ceremony lacked crucial knowledge, including where the wedding was performed. Further, the court observed that no relatives of the groom, except his allegedly kidnapped uncle, attended the wedding ceremony.
Despite efforts by Kant’s uncle to file a police complaint, the authorities reportedly declined to address the issue, leading Kant to pursue legal action. The bride opposed the plea, asserting that it was an arranged marriage performed normally. However, the court concluded that the marriage ceremony appeared to be “anything except normal.” The court also dismissed photographs of the purported marriage, stating,
“Moreover, the photographs on their own could not reveal anything,”
as they were not properly exhibited or admitted as evidence in the trial court.
This ruling by the Patna High Court not only annuls a marriage conducted under duress but also brings attention to the distressing social phenomenon of forced marriages in certain regions of India. The case, which has highlighted the plight of victims of ‘pakadua biyah’, underscores the need for legal and social interventions to combat such practices.
