MOHAN CHARAN SWAIN Vs. ANNAPURNA SWAIN

JUDGEMENT

(1.) These Civil Appeals arise out of a common order dated 26-7-2000 passed by the learned Judge, Family Court, Cuttack in Civil Proceeding Nos. 88 and 385 of 1995. Civil Appeal Nos. 44 and 45 of 2000 have been filed by the appellant-husband against the order allowing Civil Proceeding No. 385/95 whereby the appellant has been directed to pay Rs. 200/- per month towards maintenance of the minor son and against dismissal of Civil Proceeding No. 88/95 filed by the appellant under Section 12 (l)(c) of the Hindu Marriage Act (hereinafter referred to as the 'Act'). Civil Appeal No. 50/2000 has been filed by the minor son of both parties represented through the mother guardian-respondent for modification of the order passed in Civil Preceding No. 385/95 by enhancing the amount of maintenance to Rs. 1000/- per month for the minor son.

(2.) The factual matri- leading to these appeals is as follows : The husband-appellant as petitioner filed an application against the wife-respondent for annulment of the marriage which was solemnised between them on 10-6-1994 in the village of the respondent in accordance with the Hindu customary rites. Prior to solemnisation of marriage the relations and well-wishers of the parties had arranged for the marriage. After the marriage the respondent-wife had joined in the matrimonial house of the appellant and the marriage was accordingly consummated. But it is alleged in the application filed by the appellant before the learned Judge, Family Court that since the respondent had committed fraud in suppressing her age before the marriage and immediately after fraud was detected on 17-12-94 it was found that the bride was about 12 years elder to the appellant.

(3.) The appellant is employed since June 1992 as a defence personnel and posted outside the State of Orissa leaving his parents and relatives in village Shapur within Jajpur district whereas the respondent has been working in a private firm from 1989 at Bhubaneswar. It is, inter alia, alleged by the appellant that in the year 1994 he came on annual leave. The marriage proposal was negotiated while the appellant was on leave in his village. The well- wishers and relatives of the appellant before such marriage had seen the respondent and an impression was given that the respondent was earning Rs. 2,500/-. The appellant was led to believe the statement of the respondent from a private firm. Thereafter there was e-change of letters between both thf parties. After both parties came closer, the date of marriage was fi-ed on 10th June, 1994 whereupon it was solemnised and the bride joined her matrimonial house. Accordingly they lived as husband wife. After some time the appellant left for his job and he applied for a quarters so that he could take the respondent to the place of his posting, but the authorities made certain queries as regards the age of the bride and also the other details. The appellant made several correspondences with the respondent for supplying those dates, but she avoided on some plea or the other. Ultimately she sent a letter on 24-6-1994 in which she disclosed her date of birth as 9-12-1969. The appellant has taken a further plea that by the time the respondent joined him she had already conceived. Therefore, within a few months of such marriage a male child was born on 8-3-1995. Thus the appellant filed an application under Section 12 (1)(c) of the Act on the ground of fraud having been committed by the respondent at the time of their marriage.