BRIJINDER BIR SINGH Vs. VINOD ALIAS PARMINDER

JUDGEMENT

(1.) THE annulment of the marriage is claimed by the husband on the ground that his consent for the marriage was obtained by fraud and misrepresentation as the facts that the wife was earlier married and was not a graduate were concealed. In March 1984 Vinod had married Surinder Awasthy. In July 1986, on behalf of Vinod an advertisement was got published in the newspaper for matrimonial alliance to which Brijinder Bir Singh responded and ultimately marriage was performed on March 1, 1987. It was subsequently when the fact of Vinod's previous marriage with Surinder Awasthy came to light that the present petition was filed. In between according to the husband both of them did not spend much time together. A divorce decree was obtained by Vinod against her previous husband-Surinder Awasthy on January 2, 1987.

(2.) FROM the sequence of facts stated above prima facie it could be said that the factum of previous marriage of Vinod with Surinder Awasthy was concealed while obtaining consent of Brijinder Bir Singh for his marriage to Vinod.

(3.) IN the proceeding pending before the Additional District Judge, Hoshiarpur, an application under Section 24 of the Hindu Marriage Act was filed on behalf of the wife claiming maintenance during pendency of the proceedings and litigation expenses which was allowed as stated above.