RAMESHWAR Vs. NEELAM

JUDGEMENT

(1.) The present appeal has been filed by the appellant-applicant under Section 28 of the Hindu Marriage Act, 1955 (hereinafter referred to as 'the said Act') challenging the order dated 3.8.07 passed by the Addl. District Judge, Chabra, District Baran (hereinafter referred to as 'the trial court') in Civil Misc. Case No. 45/05 whereby the trial court has dismissed the application of the appellant under Section 12 of the said Act.

(2.) The short facts giving rise to the present appeal are that the marriage between the appellant and the respondent was solemnised on 29.4.04. The appellant-applicant made an application being No. 45/05 before the trial court seeking annulment of the said marriage under Section 12 of the said Act on the ground that the marriage was solemnised by committing fraud. The said application was presented on 8.11.05 by the appellant-applicant and, therefore, the trial court dismissed the said application by the impugned order, on the ground that the application having been preferred one year after the discovery of the alleged fraud, the said application was barred by Section 12(2) of the said Act. Being aggrieved by the said order, the present appeal has been filed.

(3.) It has been sought to be submitted by the learned counsel for the appellant that the marriage of the appellant with the respondent was the result of fraud committed by the family members of the respondent as the marriage was to be performed with the younger sister of the respondent and not with the respondent. While fairly admitting that the application was filed after one year of the said detection of fraud, the learned counsel has submitted that the trial court should have decided all the issues involved in the application and should not have dismissed the application only on the ground of limitation.