JAGAT PAL SINGH Vs. SADHANA JANA

JUDGEMENT

(1.) This appeal is directed against the impugned judgment and decree dated 25.09.2012 passed by the Family Court, Bilaspur in Civil Suit no. 197-A/ 2011 by which, the appellant's suit has been dismissed both as barred by limitation and res-judicata.

(2.) The appellant filed a suit seeking a decree of nullity of marriage under Section 12(i)(c) on the pleading, inter-alia, that the respondent had practiced fraud upon him and suppressed many material informations at the time of solemnization of the marriage, which was solemnized on 27.02.2004. According to the plaint allegation, the appellant came to know that the biodata of respondent/wife which was sent to him, did not disclose the true fact and the appellant was defrauded with regard to qualification, caste, date of birth, status of the family and also the occupation of respondent's brother. Further pleadings were that when the appellant collected various information, documents and evidence, he was satisfied that she has been subjected to fraud in order to somehow ensure that the appellant marries with the respondent. On this pleading and cause of action the appellant filed a suit seeking decree of nullity of marriage under Section 12(i)(c) of the Hindu Marriage Act.

(3.) The respondent contested the suit by filing the written statement pleading that the allegation of so called fraud are not correct. Every information given in the bio-data by the respondent/wife was true and there was nothing to suppress. Respondent/wife specifically pleaded that the appellant, while giving an advertisement inviting offer of marriage, had clearly stated that there is no bar of caste. Further the respondent, in their pleading, stated that the respondent was a medical practitioner and she had a very sound family back ground which was correctly stated in the bio-data. The information regarding occupation of her brother was also factually correct and there is no falsehood.