Pakadua Shaadi” or “Jabaria Shaadi” refers to the practice of groom kidnapping prevalent in parts of Bihar and eastern Uttar Pradesh
The Supreme Court has stayed a Patna High Court judgment that had annulled the marriage of an Indian Army personnel, who was allegedly abducted and forced to marry at gunpoint, a practice colloquially known as “Pakadua” wedding. The man, an Army constable, was forced into marriage in 2013. He later lodged a complaint with the family court, requesting the annulment of his forced marriage. However, his petition was dismissed by the family court on January 27, 2020. Subsequently, he moved the High Court, which ruled in his favour, setting aside a three-year-old judgment of the family court.
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The High Court had expressed, “… The evidence examined above does not support the respondents’ case.They have utterly failed to rebut the contention that the petitioner/appellant was not forced into marriage.” A bench of Justice Hima Kohli and Ahsanuddin Amanulla issued notices and stayed the judgment of the High Court on an appeal filed by the wife. This effectively means that the annulment of the marriage by the High Court has been put on hold. This case brings to the fore the issue of forced marriages, particularly in the context of the “Pakadua” wedding practice. The Supreme Court’s stay order highlights the complexity of such cases, where the legality of the marriage is intertwined with allegations of coercion and abduction. As the apex court examines the case, its final verdict will be keenly watched for its potential implications on similar cases in the future.
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