OMPRAKASH NISHAD Vs. VIDYA BAI NISHAD

JUDGEMENT

(1.) With the consent of the parties, the appeal is heard finally. This appeal arises out of judgment and decree dated 02/04/2019 passed by the Family Court rejecting application for declaring void, marriage of the appellant with the respondent on grounds enumerated under Section 12(1)(d) of the Hindu Marriage Act, 1955 (for short 'the Act of 1955').

(2.) The appellant filed suit seeking decree of declaration that the marriage be declared null and void on the pleadings that the marriage was solemnized between the appellant and respondent on 09/05/2016 and they are governed by Hindu Mitakshara Law. After about 5 months of marriage, the respondent gave birth to a child on 20/10/2016. It was pleaded that after marriage, cohabitation between the parties taken place first time only on 10/05/2016 and on 12/06/2016, result of pregnancy check disclosed that respondent was carrying pregnancy. Further case of the plaintiff was that advance pregnancy gave rise to serious apprehension in the mind of the plaintiff with regard to paternity of the child and later on, the appellant came to know that respondent had relationship with another person which was followed by meetings of their community. Finally, the appellant filed suit seeking decree that the marriage be declared null and void on the grounds enumerated in Section 12(1)(d) that the wife, at the time of marriage, was pregnant by person other than the husband.

(3.) Refuting the allegations in the plaint, the respondent came out with a case that even prior to solemnization of marriage on 10/05/2016, the appellant and respondent had started meeting and they had a relation and also cohabitation and according to the defendant, the child was born out of their relationship which was developed even prior to marriage.