KAVYASHREE C. Vs. UMESH G.B.

JUDGEMENT

(1.) This appeal under Sec. 19(1) of the Family Courts Act, 1984 has been filed against the judgment and decree dtd. 8/1/2018 passed by the family court by which the petition filed by the respondent / husband under Sec. 5(1) and Sec. 11 of the Hindu Marriage Act, 1955 (hereinafter referred to as 'the Act' for short) has been allowed.

(2.) Facts giving rise to filing of this appeal briefly stated are that the marriage between the parties was solemnized on 20/5/2016. The respondent / husband immediately after the marriage learnt that the appellant was already having a husband and had concealed the aforesaid fact from the respondent / husband. Thereupon, the respondent / husband filed a petition on 22/2/2017 seeking a decree that the marriage performed between the parties be declared as null and void. A notice of the petition was issued to the appellant / wife who after receipt of notice entered appearance through a counsel. However, the appellant / wife neither filed a written statement nor cross examined the respondent / husband. The family court vide judgment dtd. 8/1/2018 has allowed the petition and has declared that the marriage performed between the parties is null and void under Sec. 5 read with Sec. 11 of the Act. Hence, this appeal.

(3.) Learned counsel for the appellant submitted that the respondent has obtained judgment and decree by suppressing of material facts and therefore, the judgment and decree deserves to be set aside.