KANCHAN PRABHA Vs. AMIT KUMAR SINHA

JUDGEMENT

(1.) The present appeal has been filed under Sec. 19(1) of the Family Court Act, 1984 impugning the judgment dtd. 3/10/2023 passed by learned Additional Principal Judge, Family Court, Patna in Matrimonial Case No. 338 of 2019, whereby the petition, filed by the appellant-wife to nullify the marriage with the respondent-husband solemnized on 23/8/2018, has been dismissed.

(2.) The case of the appellant-wife as per the petition filed before the Family Court is that the appellant- wife and respondent-husband both are divorcee. The appellant-wife was earlier married with one Abhishek Kumar but due to cruel attitude of her husband, the appellant-wife took divorce from Abhishek Kumar on mutual consent on 11/8/2015 in Matrimonial Case No. 351 of 2012. The respondent-husband had also married with one Sweta Kumari but their marriage also could not succeed and they part-ways on 9/12/2015 by means of decree of divorce by the Family Court, Jehanabad in Divorce Case No. 30 of 2014. The marriage of the appellant-wife with the respondent-husband was solemnized as per Hindu rites and rituals on 23/8/2018 in presence of relatives and well wishers of both sides. Before marriage, the respondent-husband projected himself as a Journalist working as Bureau Chief in 24 Channel but after marriage, the appellant-wife came to know that respondent-husband was unemployed. The respondent-husband, after passing some days, started brutally assaulting the appellant-wife. During living period with the respondent-husband, the appellant-wife found that respondent-husband is much cruel and of eccentric mind. The appellant-wife also came to know that after divorce with his ex-wife-Sweta Sinha, he had married again with one Lovely Sinha, daughter of Rakesh Sinha and this fact was kept concealed from the appellant-wife before marrying with her. The appellant-wife also found that respondent-husband is suffering from chronic Tuberculosis since 2015 but this fact was also concealed from the respondent-husband at the time of marriage. It is further averred that marriage with the appellant-wife could not be consummated due to inability of the respondent-husband.

(3.) After filing of the present suit, summons/notices were issued by the Court to the respondent-husband, but he did not appear. Hence, learned Principal Judge, Family Court decided to proceed ex-parte.