SUNNY KUMAR Vs. MAMTA RANI

JUDGEMENT

(1.) This appeal is directed against the judgment and decree dated 25.10.2012 vide which the petition under Section 13 of the Hindu Marriage Act, 1955 (in short "the Act of 1955") filed by respondent-wife Mamta Rani for dissolution of her marriage with appellant-husband Sunny Kumar, was allowed. Precisely, the relevant facts which need elaboration are as under:-

(2.) The appellant-husband contested the petition. Besides raising preliminary objections with regard to maintainability of the petition in the present form, estoppel etc., Sunny Kumar submitted that one year prior to marriage he and Mamta Rani were known to each other. Since they wanted to marry, a proposal was put before their respective parents but as the family members of Mamta Rani did not agree, they solemnized their marriage on 14.09.2006 as per Hindu rites and ceremonies and in the presence of relatives and friends at Shree Sankat Mochan Hanuman Dar-bar temple at Jagraon Bridge near Railway Lines, Ludhiana. The president of the temple issued a certificate of marriage. Mamta Rani did not inform her family members about the marriage out of fear. She stayed with her parents for a few days and then joined his conjugal company w.e.f. 17.09.2006. They cohabited as husband and wife but no child was born out of the wedlock.

(3.) Respondent filed rejoinder controverting the objections raised by the appellant and on the pleadings of the parties, following issues were settled:-