ANIL KUMAR Vs. MAMTA

JUDGEMENT

(1.) This appeal under Section 19 of the Family Courts Act, 1984 read with Section 28 of the Hindu Marriage Act, 1955 is directed against the judgment and decree dated 10.12.2013 whereby the Family Court, Bikaner has allowed the petition for dissolution of marriage in Case No. 93/2012 as filed by the respondent-wife essentially on the ground of fraud by the appellant-husband while entering into matrimony as regards his name and job status as also his attempt to contact second marriage and cruelty of conduct.

(2.) Put in brief, the relevant background aspects of the matter could be noticed as follows: The respondent-wife filed the petition seeking dissolution of marriage on 21.12.2006 with the submissions that her marriage with the appellant was solemnised on 23.11.2005 at Bikaner and thereafter, she lived with her husband at Sujangarh. In the petition, the particulars of the present appellant were stated as "Dr. Ajay Kumar @ Anil Kumar Sharma S/o Subhashchand Sharma, resident of village Sorai, Tehsil Khandoli, District Agra (Uttar Pradesh)".

(3.) The respondent-wife asserted in the petition that at the time of marriage, the appellant-husband gave out his name as "Dr. Ajay Sharma S/o Om Prakash Sharma" and described himself as a qualified MBBS doctor and had shown a certificate from Medical College, Udaipur to that effect carrying his photograph. It was further alleged that on 07.05.2006, upon receiving a phone call from one Kishan Lal Bhanbhu, it transpired that the appellant-husband attempted to contact second marriage with one Monika Sharma D/o Rajendra Kumar Sharma, resident of Sawai Madhopur but such an attempt failed when the status and particulars of the appellant were disclosed by the reputed persons at the time of ceremonies; and it was found that the correct particulars of the present appellant were "Anil Kumar S/o Subhash Chand Sharma, resident of Sorai, Tehsil Khandoli, District Agra (UP)".