BHAVNA @ SAHAR WASIF Vs. FLG. OFF. RAJIV GAKHAR

JUDGEMENT

(1.) THIS appeal by the appellant/wife is directed against the judgment and decree dated 7.3.2006 passed by the learned Additional District Judge-I, Faridabad on a petition filed by the respondent/husband for dissolution of marriage by a decree of nullity under sections 5 and 12 of the Hindu Marriage Act (for short the Act).

(2.) IN order to appreciate the controversy between the parties it would be appropriate to reproduce the averments made in the petition in toto :

(3.) ON merit, it was the case set up by the appellant/wife that the marriage between the parties was solemnized on 28.11.1999 at Arya Samaj Mandir, Rath Khana, Bikaner according to Hindu rites and ceremonies. It was denied by the respondent that she had filed any affidavit voluntarily at the time of performance of marriage or that she claimed herself to be spinster or suppressed any material facts with regard to her past. It was pleaded that the appellant had disclosed all the material true facts pertaining to her past marriage and divorce with a Muslim husband in the third week of April, 1997 when the parties met for the first time while journeying in the train. The respondent/husband was said to be well acquainted with the previous marriage with Muslim husband and of divorce. He was also aware that the appellant had two kids from the previous husband. She denied that at the time of marriage she was a Muslim married woman. She however, admitted that there was no issue from this wedlock.