SMITHA MOHANDAS Vs. K.B. JOSHIBA

JUDGEMENT

(1.) AGGRIEVED by the order passed by the Family Court in O.P.(H.M.A) No. 468 of 2007, the appellant/wife has come before this Court. By the impugned common order the court below has dismissed the petitioner's application under Section 12 of the Hindu Marriage Act for a declaration of nullity of her marriage with the respondent.

(2.) THE solemnisation of the marriage on 25.9.2006 is admitted. The original petition for declaration of nullity of marriage was filed within the period stipulated time by law, on 26.6.2007. The appellant/petitioner/wife had contended that her consent for the marriage with the respondent was obtained by fraud relating to material facts and circumstances concerning the respondent/husband. To be more specific, it was contended that the husband did not have the educational qualification and employment, which he claimed to have at the time, the marriage was agreed upon and solemnised. There was wilful malafide and fraudulent expression of facts as also mis representation on material facts and circumstances concerning the respondent. The appellant/wife hence claimed that she is entitled for a declaration nullity of her marriage.

(3.) THE Court below proceeded to pass the impugned order. We note that the impugned order is really, a common order in O.P. 468 of 2007 filed by the appellant/wife and O.P. No. 46 of 2008 filed by the respondent/husband. O.P. No. 468 of 2007 was an application for restitution of conjugal rights filed by the husband, which was dismissed for non -prosecution . He did not choose to prosecute the said petition. He did not adduce any evidence in support of his claim in O.P. No. 46 of 2008.