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The Times of India
The Times of India
National
PTI

Bombay HC denies relief to woman alleging forced marriage

MUMBAI: The Bombay high court has refused to annul the marriage of a 33-year-old woman who claimed that she was physically assaulted and tortured since she was 14 years old by the man she was forced to marry.

A division bench of Justices K R Shriram and P K Chavan noted in their order that there was no evidence or corroboration to the woman's claims and the overall evidence of the appellant was "improbable, unbelievable and unacceptable".

The order was passed on June 15 and a copy of it was made available on Tuesday.

"No sane man would believe and accept her (appellant woman) testimony, as it is nothing but ipsedixitism (assertion without proof or dogmatic expression of opinion). It is quite apparent from the evidence that this is a case of inflicted insight," the high court observed.

The high court, while dismissing her plea, termed "incredible" the fact that the woman did not lodge a complaint or inform her parents about it till 2013. "Strangely, the appellant (woman) remained silent and passive despite undergoing such a trauma," the high court order said.

The bench also noted that the behaviour of the woman was "quite strange" and "cannot be said as a natural conduct of an educated woman living independently in a city like Mumbai".

The woman, in her plea, sought annulment of the marriage and a declaration that the marriage certificate issued to the man in December 2011 was false and forged.

The woman, who hails from Haryana and works with a bank in Mumbai, said the man took advantage of her shy, timid and introverted nature and kept her terrorised since she was 14 years old.

The petitioner said she hails from a rural background, where women and their voices are stifled, and honour killings, rape and other crimes against women are a daily feature, due to which families advise their women to silently face oppression.

The woman further alleged that she had never married the man and the documents with regard to the marriage certificate submitted by the man are fabricated.

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