KULDEEP KUMAR SHARMA Vs. NIDHI SHARMA

JUDGEMENT

(1.) The instant appeal has been filed under Sec. 34 of the Jammu & Kashmir Hindu Marriage Act, 1980 (hereinafter referred to as the Act) against judgement dated Jan. 31, 2014 whereby the appellant's petition under Sec. 12 of the Act for annulment of his marriage by decree of nullity, as was solemnised with the respondent was rejected by the Learned Principal District Judge, Samba, vide order dated Jan. 31, 2014 on file No. 181/HM Act.

(2.) Brief facts of the case leading to the instant appeal arc that the petition for annulment of marriage, was filed inter alia on the ground that the respondent ought not to have been married by her parents as she was of unfit mind, i.e., not fit in terms of her mental state to be married and carry a marital life and that knowledge of the same caused distress and depression to the appellant and his parents while at the same time sympathy for the respondent on account of her parents having been unfair to her, besides playing fraud on the petitioner and his parents, of mental disorder/abnormality afflicting the respondent making her unfit for giving valid consent for marriage as also making her unfit for marriage and performance of marital duties and responsibilities lifelong.

(3.) On the case being put up for filing of objections, the respondent, instead of submitting objections, filed an application under Order 7, Rule 11 of the Civil Procedure Code seeking rejection of the petition on the ground that the petition did not disclose any cause of action, besides was hit by limitation. Objections by the appellant to the said application did not find merit with the Learned Principal District Judge leading to rejection of the appeal in terms of Sec. 12 (1)(c) of the Act, as also the bar of limitation contemplated u/s 12(2)(a)(i) on account of having been filed on 31.12.2012, i.e., more than one year after discovery of fraud in Nov., 2009 of a material fact/circumstance concerning the respondent.