PRADEEP KUMAR MAHESHWARI Vs. ANITA AGARWAL

JUDGEMENT

(1.) The aforesaid First Appeal under Section 19(i) of the Family Court Act, 1984 arises out of the judgment and order dated 24.10.2017 passed by the Principal Judge, Family Court, Lucknow, whereby the petition preferred by the appellant for annulling his marriage with Smt. Anita Agarwal has been rejected summarily on the ground that the case does not fall under section 12(1)(c) of the Hindu Marriage Act.

(2.) In short, the facts as narrated in the memo of appeal are that marriage of Pradeep Kumar Maeshwari was solemnized with Smt. Anita Agarwal on 22.4.2016 as per Hindu rites and customs at Jagdishpur Dharamshala, Aisbagh Lucknow. After marriage, the wife refused to consummate marriage on one pretext or the other. Some doubts were created by the respondent that the appellant is impotent and to remove such doubts, the appellant went under medical check-up along with respondent at King George Medical University where the doctor after examination declared him fit. Even after medical check-up, the wife not only refused to consummate marriage but refused to perform diurnal work of the house and started misbehaving with the appellant and his parents and one day she left the matrimonial house. The appellant made all his sincere efforts to save his matrimony but she refused to accompany him.

(3.) It was utter shock and surprise for the appellant when he came to know that the respondent was previously married to one Mr Sanjay Agarwal, who had earlier filed a suit under section 9 of the Hindu Marriage Act for restitution of conjugal rights, which was registered as regular suit no.1152 of 2004. Later on, said Mr Sanjay Agarwal had filed a petition under Section 13 of the Act for dissolution of marriage on the ground of cruelty. The said marriage was dissolved on the basis of compromise vide order dated 24.5.2007.