LAWS(DLH)-2020-11-4

KIRTI NAGPAL Vs. ROHIT GIRDHAR

Decided On November 20, 2020
Kirti Nagpal Appellant
V/S
Rohit Girdhar Respondents

JUDGEMENT

(1.) By way of the present appeal, the Appellant-wife has impugned the judgment dated 22nd February, 2020 (hereinafter referred to as the 'Impugned Judgment') passed by the learned Principal Judge, Family Courts, South-East District, Saket Courts, New Delhi whereby the Court, while rejecting the relief sought under Section 12(1)(a) and (c), has allowed the petition of the respondent by granting divorce under Section 13(1)(ia), of the Hindu Marriage Act, 1955 (hereinafter referred to as the 'HMA').

(2.) The brief background of the case is that the marriage between the parties was solemnized on 24th June, 2012 at Delhi as per the Hindu rites and ceremonies. At the time of solemnization of the marriage, the Respondent husband's marital status was that of a divorcee and Appellant wife was a bachelorette. After the marriage parties lived together in Singapore from 1st July, 2012 till 26th August, 2012. The marriage was also registered in Delhi on 31st August, 2012.

(3.) The Respondent initially preferred a petition seeking a decree of nullity of marriage under Section 12(1)(a) and (c) of the HMA, on two grounds, that the marriage could not be consummated due to Appellant's impotency and that his consent was obtained by concealing several material facts related to the psychological disposition of the Appellant, knowing which, he would not have consented for the marriage.