SMT. RENU SINGH Vs. BRIJENDRA SINGH

JUDGEMENT

(1.) The petitioner herein/defendant is wife of the respondent herein/plaintiff. The respondent/plaintiff firstly instituted a suit bearing Civil Suit No. 6-A/2009 for granting decree of divorce under Section 13 (1)(ia) and (ib) of the Hindu Marriage Act, 1955 (hereinafter called as 'the H.M. Act, 1955'), on 8-4-2009. That suit was tried by the Judge, Family Court, Rajnandgaon and by judgment and decree dated 7-5-2010, it was dismissed, on appeal being filed by the respondent/plaintiff bearing First Appeal (M) No. 68/2010, the Division Bench of this Court by judgment dated 28-2-2012, affirmed the decree granted by the Family Court dismissing the appeal of the respondent/plaintiff. No further challenge was made to the judgment of this Court dismissing the first appeal.

(2.) Thereafter, on 24-2-2013, the respondent/plaintiff again instituted an application under Section 12 of the HM Act, 1955 for declaring his marriage with the petitioner void on the ground that the petitioner was suffering from gynecological problem and she was incapable of conceiving and that the marriage was performed suppressing the material fact that she is suffering from gynecological disorder and is incapable of conceiving. It was further pleaded that such suppression of fact/fraud came to the notice of the respondent/plaintiff on 8-4-2009 and thereafter, the cause of action accrued on 8-4-2009 and each-day thereafter.

(3.) The petitioner/defendant filed Written Statement controverting the averments made in the application filed under Section 12 of the HM Act, 1955, on 8-7-2015 and thereafter, by order dated 9-9-2016 amended the Written Statement taking plea that the application was filed under Section 12 (1) (c) of the Act raising the grounds mentioned therein and therefore by virtue of Section 12 (2) (a) (i), the application ought to have been presented within one year from the discovery of said fraud, therefore, the suit/application is barred by the said provision.