SAMIT SUBHASH AGARWAL Vs. KAMLESH LATAPRASAD GUPTA

JUDGEMENT

(1.) This Family Court Appeal has been filed by the Appellant - husband who was the original Petitioner before the Family Court. This Appeal takes exception to the final order / judgment and decree dated 10th September 2012 passed by the IInd Family Court, Bandra, Mumbai in Petition No.A-739 of 2009 filed by the Appellant herein. This Petition No.A-739 of 2009 was filed by the Appellant under section 12(1)(c) of the Hindu Marriage Act, 1955. In short, the Appellant - husband sought a decree of nullity of his marriage solemnized with the Respondent on 14th February, 2009. To this Petition, the Respondent - wife also filed a counter claim seeking a decree of restitution of conjugal rights under section 9 of the Hindu Marriage Act, 1955. By the imugned judgement and decree, the Family Court dismissed the Petition of the Appellant - husband and allowed the counter claim of the Respondent - wife.

(2.) The brief facts giving rise to the present appeal are as under :-

(3.) In this factual backdrop, Mr Agrawal, learned counsel appearing on behalf of the Appellant, submitted basically two contentions before us. They are :-