LAWS(P&H)-2010-8-144

AMARJIT ALIAS AMARJEET SINGH Vs. HARPREET KAUR

Decided On August 30, 2010
Amarjit alias Amarjeet Singh Appellant
V/S
HARPREET KAUR Respondents

JUDGEMENT

(1.) The conspectus of the facts, culminating in the commencement, relevant for disposal of present petition and emanating from the record, is that the respondent-wife Harpreet Kaur filed the petition against her husband-petitioner Amarjit alias Amarjeet Singh for declaring their marriage as nullity, invoking the provisions of Section 12 of the Hindu Marriage Act, 1955 (hereinafter to be referred as "the Act"), inter-alia, pleading that during the illness of her father, he came in her contact. During conversation, he pretended that he belongs to a very good family and has passed his LLB examination. He is employed as Public Prosecutor at District Courts, Amritsar. He has also appeared in PCS exams and would soon be a Judicial Magistrate. He disclosed his income as Rs. 30,000/ - per month, which were subsequently found to be false.

(2.) According to the respondent-wife that after the death of her father, her mother searched a good match/boy, namely Bharminder Singh, resident of Canada. Her engagement was performed with him on 24.9.2008 at Amaritsar and the THAKA CEREMONY was also performed on 10.1.2009. The wife claimed that when Amarjit came to know about her engagement, then he started threatening her with dire consequences to kill her as well as his parental uncle, namely Davinder Singh, in case she did not marry him.

(3.) Levelling a variety of allegations contained in the petition (Annexure P1), in all, the respondent-wife claimed that from the very inception, his intention was dishonest and he has been making false representation in every respect. She always remained under fear and constant tension and could not give free consent of her marriage. Amarjit Singh performed the marriage with her on account of misrepresentation and fraud committed by him. On the basis of aforesaid allegations, the respondent-wife filed the petition against the petitioner-husband for declaring their marriage as nullity in the manner indicated here-in-above.