MAJ PANKAJ RAI Vs. KRISHNAVENI RAI

JUDGEMENT

(1.) This Revision is filed under Art. 227 of the Constitution of India challenging the order dt.19-12-2018 in I.A.No.1192 of 2017 in O.P.No.475 of 2015 of the I Additional Family Court at Hyderabad.

(2.) The said O.P. was filed by petitioner against respondent under Sec. 12 of the Hindu Marriage Act, 1955 (for short "the Act") for annulment of his marriage with the respondent which was solemnized on 13-12-2014. He alleged in the said O.P. that the respondent suppressed from him (a) the fact that she had extra marital affairs during her first marriage to one Arvind Chenji; (b) her disinclination/physical inability to consummate the marriage; (c) that her children from the first marriage were majors and she informed petitioner that they were minors and dependent on her; and (d) the fact that she had affiliation with Divya Shiva Yog, a Spiritual organization. He also contended that she willfully misled him that she had forgiven her former husband for bigamy when in fact she had filed false criminal cases against her first husband; that the above acts amount to fraud; and so the marriage between the parties has to be annulled by granting a decree of nullity.

(3.) It is not in dispute that the petitioner was a widower at the time of the said marriage; and that the marriage between the respondent and her first husband was dissolved by a decree of divorce granted on 28-06-2005 in O.P.No.847 of 2007 of the Family Court, Hyderabad; that respondent filed FCA No.109 of 2007 which was withdrawn by her on 2.9.2016 only.