ASHA RANI Vs. GULSHAN KUMAR

JUDGEMENT

(1.) The appellant-wife has filed this appeal under S. 28 of the Hindu Marriage Act (in short the 'Act').

(2.) Unassailed facts are that the appellant was married to the respondent on 1-10-1989. She was earlier married to Rajinder Kumar son of Devi Dayal of village Jandiala near Nakodar.

(3.) The respondent filed a petition under Ss. 11 and 12 of the Act alleging that when his marriage was performed with the appellant as per Hindu rites and rituals, at that time, he was not informed by the appellant or by her parents that she was already married to one Rajinder Kumar, who is still alive and the marriage is subsisting. The appellant lived with him for one month. In January, 1990 he came to know of her earlier marriage with Rajinder Kumar. He immediately left the appellant at her parental home. Since then she is residing there. If at the time of marriage he would have known that the appellant was a married woman and her former husband is alive, he would have not consented to marry her. Thus by concealing this material fact, his consent to marriage was obtained by fraud. The respondent visited the appellant's parental home and on his protest, the appellant's father assured him to settle the matter. He took a Panchayat in the last week of July, 1990, but again same assurance was advanced. Subsequently, the appellant filed a petition under S.125, Cr.P.C. against the respondent claiming maintenance. Hence he prayed that his marriage with the appellant be declared null and void.