HARISH UPPAL Vs. NEERA DIXIT

JUDGEMENT

(1.) This appeal by the husband is directed against the judgment dated 21-12-1985 passed by the learned Additional District Judge, Delhi whereby his petition under Sections 11 andl2(l)(c) of the Hindu Marriage Act, 1955 as amended by Marriage Laws (Amendment Act 1976) was dismissed.

(2.) The marriage between the parties was solemnized on 1-10-1979 in accordance with Hindu rites at New Delhi. After the marriage the parties cohabited as husband and wife at New Delhi. The husband filed a petition under Sections 11 and 12(l)(c) of the Hindu Marriage Act for annulment of marriage by a decree of nullity, on 30-4-1980. It is alleged in the petition that the respondent was earlier married to one Ashok Dixit and was living with him which fact was concealed from the petitioner. It is further stated that the respondent and her family had fradulently concealed the material fact from the petitioner. The only relevant paragraphs in the petition are paragraphs 4 and 5 and it would be useful to reproduce the same as complete case of the petitioner is stated in the said paragraphs :-

(3.) It is alleged that the fraud was discovered only on 14-3-1980 and as such the petition filed on 30-4-1980 was within time.