LAWS(P&H)-2023-1-216

LALIT Vs. SADHNA

Decided On January 04, 2023
LALIT Appellant
V/S
SADHNA Respondents

JUDGEMENT

(1.) For the reasons mentioned in the application, accompanied by an affidavit of learned counsel for the appellant as well as arguments addressed, delay of 27 days in re-filing of the appeal is condoned.

(2.) Application is disposed of, accordingly.

(3.) This appeal has been filed challenging order dtd. 10/8/2022 passed by the learned Additional Principal Judge, Family Court, Gurugram, whereby appellant's petition under Sec. 12 (i) (c) of the Hindu Marriage Act (for short - 'the Act') has been dismissed in limine. Brief facts necessary for adjudication of the matter are that the appellant - husband filed the petition under Sec. 12(i) (c) of the Act with pleadings that marriage of the appellant solemnised with respondent No. 1 on 20/2/2022 was a nullity on the ground that appellant's consent had been obtained by fraud i.e. at the time of their engagement, the appellant had met a different girl but marriage was performed with another i.e. respondent No. 1. It was further pleaded that no cohabitation took place between the parties and that respondent No. 1 is residing with her parents since marriage on 20/2/2022.