JANAK DULARI SHARMA Vs. HARBANS LAL

JUDGEMENT

(1.) Janak Dulari Sharma has filed this appeal against the judgment dated the 12th June, 1974, of the Court of Additional District Judge, Amritsar (Shri G. S. Chahal) by which a petition filed by her under Section 12 of the Hindu Marriage Act (hereinafter to be referred to as the left against her husband Harbans Lal was dismissed and the parties were left to bear their own costs.

(2.) It was alleged by the petitioner in her petition that her marriage was solemnised with Harbans Lal respondent on 15th November, 1972, and at that time the status of the respondent was that of a widower and of herself was of a Hindu married woman. The parties lived together as husband and wife at Chheharta for some days after their marriage. The consent of the petitioner to this marriage was obtained by the respondent by practising fraud on her because it was misrepresented to her by respondent before the marriage that he was unmarried while in act he at that time was a widower and had got children from his second wife. The petitioner, when went to the house of the respondent, after marriage was shocked to learnt hat the respondent, who was a widower had two children from his second wife. On the above allegations, the petitioner made a prayer that her marriage with the respondent might be annulled by granting a decree of nullity.

(3.) Harbans Lal, respondent, in his written statement denied that the consent of the petitioner for contracting marriage with him was obtained by fraud or that any misrepresentation, as alleged by the petitioner, was made to her before marriage. It was alto pleaded by him that the petitioner's marriage with him was her second marriage and she remained a deserted woman for marry years as the whereabouts of her 1st husband were not known. From the pleadings of the parties the following issues were framed by the trial Court :