PRAKASH SINGH THAKUR Vs. BHARTI

JUDGEMENT

(1.) This appeal is directed against the judgment and decree dt. 21-3-97, whereby the petition filed by the appellant/petitioner under Section 12 of the Hindu Marriage Act, 1955 (hereinafter referred to as 'Act' for short) for annulment of marriage by a decree of nullity was dismissed.

(2.) The facts not in dispute are that the parties were married on 4-5-94 in the Arya Samaj, Raipur. However, immediately after the marriage the parties separated and are living apart. It is also not in dispute that the respondent/wife was married earlier and was divorced by her first husband.

(3.) The petitioner/appellant filed the application under Section 12 of the Act, praying for annulment of marriage on the ground of fraud under Section 12(1)(c) of the Act. It was averred that, though the respondent was married and divorced earlier, yet she did not mention about the material fact of her earlier marriage. In view of above suppression of fact and practising fraud on the appellant, the respondent/wife entered into marriage ceremony with him. It was therefore prayed by the appellant/petitioner that their marriage be annulled and a decree of nullity be granted in his favour.