(1.) This is the husband's appeal filed against judgment and order dated 7.2.1996 passed by Shri S.M.Chopra, Additional District Judge in H.M.A. Petition No.393/95 instituted by wife under Section 12(1)(c) of the Hindu Marriage Act, 1955 (for short 'the Act') for annullment of her marriage with the appellant by a decree of nullity. By the impugned order, the marriage between the parties has been annulled on the grounds that the consent of the respondent was obtained by fraud as to the material facts and circumstances concerning the appellant.
(2.) The facts in brief are that the appellant and the respondent got married at Delhi on 24.7.1994 according to Hindu rites. They lived together for some time but differences arose between them which even led to lodging of a complaint by the respondent to Dowry Cell of the Delhi Police on 14.9.94. An FIR was also lodged by the respondent against the appellant and his parents. The respondent is said to have left the company of the appellant in August, 1994 itself and thereafter it is alleged that they did not live together. Before the Dowry Cell, an agreement was reached between the parties on 29.9.1994 duly signed by them in the following terms:-
(3.) The case of the respondent before the lower court was that after the aforesaid settlement she became suspicious about the antecedents of the appellant and, therefore, requested the DCP, Women Cell to verify the particulars as given in the bio data of the appellant. She also made enquiries from her own sources and came to know that the respondent's father had given false particulars and had made material factual misrepresentation with respect to the appellant's date of birth, salary and property status. She, therefore, contended in her petition before the lower court that her consent for the marriage had been induced by the opposite party and his family members by having made false representations relating to the aforesaid material facts.