SAHIL BANSAL Vs. VASUDHA

JUDGEMENT

(1.) This is an appeal under Section 28 of the Hindu Marriage Act against the judgment dated 21.1.2013 passed by the learned Additional District Judge (West) by virtue of which the petition filed by the appellant herein under Section 12 (1) (a) of the Hindu Marriage Act (in short 'the Act') for annulment of marriage on the ground of non-consummation of marriage was dismissed.

(2.) Briefly stated the facts of the case are that the appellant filed a petition bearing No.535/2012 stating that he got married to the respondent on 16.7.2011 at Arya Samaj Mandir, Lucknow, Uttar Pradesh according to Hindu rites and ceremonies and the marriage was thereafter registered with the Registrar, Hindu Marriage, U.P. on 18.7.2011. The status of the parties before the marriage and at the time of filing the petition is given as under :- <FRM>JUDGEMENT_317_LAWS(DLH)3_2013_1.html</FRM>

(3.) It was further alleged that the marriage between the parties has not been consummated on account of impotence of the respondent qua the petitioner. The ground of non-consummation of marriage given by the respondent is that as she had converted into 'Scientology' before marriage and, therefore, the marriage could not be consummated. Since the marriage had not been consummated and a final decision in this regard was taken by the respondent and communicated to the appellant on 27.7.2011, the appellant was constrained to file the present petition. It may be pertinent here to mention that it was also stated in the petition that on 28.7.2011, the respondent had gone to her parents' house and thereafter, she never returned to the matrimonial home.