KRISHAN LAL Vs. PARVEEN KUMARI ALIAS PARKASH DEVI

JUDGEMENT

(1.) Krishan Lal appellant filed this petition for annulment of the marriage under section 12 of the Hindu Marriage Act, 1955 (hereinafter called the Act) on the ground that the marriage between the parties had been brought shout by suppressing the true state of health of the respondent who was suffering from tuberculosis prior to the marriage and by giving out that she was the daughter of Gobind Ram whereas in fact her father was Radhe Sham. The petition was opposed by the wife and was dismissed by the trial Court with the finding that the petitioner has failed to prove that she was suffering from tuberculosis prior to the marriage or that misrepresentation was made regarding her parentage. On the last date of hearing I had sent for both the parties. On her appearance it was found that respondent was still suffering from tuberculosis. Because of this ailment they had mutually agreed to dissolve their marriage by a decree of divorce and presented a joint petition bearing their signatures which has been marked 'C-1'. The statements of the counsel for the parties have also been recorded who have stated that the parties have agreed to dissolve their marriage by a decree of divorce and the compromise Exhibit C.I. bears their signatures. been held by Bains, J. in Jagjit Singh v. Smt. Gunwant Kaur, 1979 HinduLR 26 that the marriage can be dissolved by consent of the parties even at the appellate stage. Consequently, this appeal is allowed and the decree of divorce on the basis of consent dissolving the marriage between the parties is hereby granted. The respondent, as agreed between the parties, is allowed Rs. 7,000/- as permanent alimony for her maintenance under section 25 of the Act out of which Rs. 1,000/- shall be paid in the next week and the remaining Rs. 6,000/- in three instalments of Rs. 2,000/- each falling on the 1st day of January, April and July, 1981.