LAWS(KAR)-2023-3-221

SHARADHA R. Vs. BHARATH K.S.

Decided On March 09, 2023
Sharadha R. Appellant
V/S
Bharath K.S. Respondents

JUDGEMENT

(1.) This petition under Sec. 19 of the Family Courts Act, 1984 has been filed against the judgment dtd. 29/7/2013 passed by the family court, by which the petition filed by the appellant under Sec. 12(1)(c) of the Hindu Marriage Act, 1955 (hereinafter referred to as 'the Act' for short) seeking a decree of nullity of marriage has been dismissed.

(2.) Facts giving rise to filing of this appeal briefly stated are that the appellant and the respondent were students of Carmel School, Padmanabhanagar, Bangalore and are known to each other.

(3.) The appellant filed a petition on or about 24/11/2012 inter alia on the ground that when her parents had gone out for Europe tour, the respondent obtained her consent by playing fraud and coercion and issued a threat to her. The respondent thereafter got registered the marriage between the appellant and respondent on 9/11/2010 before the Sub-Registrar, Indiranagar, it was pleaded that respondent had created fraud lease deed ,marriage invitation card and has forged the signature of the parents of the appellant as well. It was pleaded that no marriage took place between the parties on 5/11/2010 at Subramanya Layout, Old Transport Road, Bangalore. It was averred that in the month of March 2012, the respondent went to the house of the appellant and demanded the appellant be allowed to stay with the respondent as she is his wife. The petition was filed on or about 24/11/2012 seeking a declaration that the marriage performed between the parties is null and void as the consent of the appellant was obtained by playing fraud as well as coercion.