MAYANK Vs. NEHA MALHOTRA (KOHLI)

JUDGEMENT

(1.) Both These Appeals Under Section 19 Of The Family Courts Act, are filed by the husband Mayank. Petition No. A386/13, filed by him under Section 12[1][c] of the Hindu Marriage Act, 1955 for annulment of marriage between him and respondent by a decree of nullity, has been dismissed by the Family Court. Similarly, Petition No. A 289/12 filed by the respondent wife under Section 9 of the Hindu Marriage Act for restitution of conjugal rights has been allowed with a direction to resume cohabitation and in default to pay monthly maintenance of Rs. 20,000/ . The Family Court has decided both these matters by a common judgment dated 23.07.2015. Family Court Appeal No. 73 of 2015 challenges the dismissal of annulment proceedings filed by him. FCA 74 of 2015 assails the grant of restitution in proceedings filed by Respondent wife. The Hindu Marriage Act, 1955 is hereinafter referred to as the Act .

(2.) This Court has on 23.09.2015, issued notice observing that the appeal would be finally heard at the stage of admission. Accordingly we proceeded to hear the parties by issuing Rule and making it returnable forthwith.

(3.) Shri Gilda, learned counsel appearing on behalf of the appellant husband has pointed out that an incurable skin disease of respondent wife was learnt after marriage and thereafter the proceedings have been filed. He at the threshhold points out the difference made in scheme & provisions of Section 12[1][c] of Act by 1977 Amendment. He has taken us through the petition filed by the husband to explain how the fact of playing fraud by suppressing the material facts has been pleaded. He submits that the respondent wife has filed written statement, but, it contains only evasive denials. He has relied upon the provisions of Order VIII Rules 3, 4, and 5 of the Code of Civil Procedure to submit that in this situation the story pleaded by the appellant/husband ought to have been treated as admitted. He has also relied upon Section 58 of the Evidence Act.