LAWS(BOM)-2012-8-184

NARESH MEHUNE Vs. SANGEETA GENDLAL

Decided On August 08, 2012
Naresh Mehune Appellant
V/S
Sangeeta Gendlal Respondents

JUDGEMENT

(1.) By this appeal, the appellant challenges the judgment passed by the Principal Judge, Family Court, Nagpur on 15/09/2011, dismissing a petition filed by the appellant under Section 25 of the Special Marriage Act, 1954 for grant of a decree of nullity of marriage. Few facts giving rise to the appeal are stated thus--

(2.) The respondent filed the written statement and resisted the claim of the appellant. It was admitted that the parties resided in the same village. It was specifically denied that the father of the respondent was a known criminal and was facing trials. According to the respondent, the marriage was not registered at Ramtek as the appellant desired to get it registered at Nagpur, as his family members did not desire that the parties should get married and had opposed the marriage of the appellant with the respondent. It was pleaded that after their marriage, the parties resided together in the house of her father for some time. The marriage was consummated. It was pleaded that the appellant declined to lead the marital life with the respondent only because of the opposition from his family members. The respondent sought for the dismissal of the petition.

(3.) On the aforesaid pleadings of the parties, the Family Court framed the issues and on a consideration of the evidence tendered by the parties, by the judgment dated 15/09/2011, dismissed the petition filed by the appellant. Being aggrieved by the dismissal of the petition for grant of a decree of nullity of marriage, the appellant has preferred the present first appeal.