SATWANT SINGH Vs. RAVDEEP KAUR

JUDGEMENT

(1.) This appeal has been preferred by the appellant-husband against order dated 17.8.2017 dismissing his petition which was titled under Section 12 of the Hindu Marriage Act, 1955 for annulment of the marriage. A perusal of the averments in the petition of the husband before the lower Court indicates that he had sought the annulment of the marriage only on the ground that marriage of the appellant-husband to the respondent-wife on 23.8.2015 was void, as she was already legally wedded wife of one Avtar Singh on the said date. The appellant-husband had filed an application under Section 9 of the Hindu Marriage Act, 1955 earlier on 5.3.2016, but on coming to learn about her relationship with Avtar Singh as first husband, the petition under Section 12 of the Hindu Marriage Act, 1955 was filed.

(2.) The respondent-wife has taken the plea that a 'Talaknama' executed between her and her earlier husband Avtar Singh dated 19.6.2015 was handed over to the appellant-husband when the proposal was made for her marriage and it is only after acquiring the knowledge of the said 'Talaknama', he gave his consent to marry her.

(3.) The lower Court has framed the following issues:-