NEETU GROVER Vs. GAGAN GROVER

JUDGEMENT

(1.) The present appeal under Sec. 28 of the Hindu Marriage Act, 1995 read with Ss. 11 and 23 of the Act has been filed seeking setting aside/quashing of the judgment and decree of nullity dtd. 23/10/2007 in HMA No.396/2003 whereby marriage between the parties has been declared null and void.

(2.) The parties to the present petition were married as per Hindu rites and ceremonies on 4/12/1998 in Delhi and out of this wedlock a female child was born on 28/8/1999. The respondent-husband has preferred a petitioner to declare the marriage between the parties as void ab initio being in contravention of subsec. 4 of Sec. 5 of the Hindu Marriage Act.

(3.) The learned trial Court while passing the impugned judgment noted the contention of respondent-husband, which in nutshell is as under:-