Brief facts of the present appeal is that, barely after a short period of marriage life the respondent husband preferred an application u/s. 12(1) of Hindu Marriage Act seeking for annulment of marriage. The sole ground for annulment of marriage was wife was already married and divorced and this fact was not disclosed to husband. Therefore the consent to the marriage was obtained by fraud.
For annulment of marriage there has to strict proof of grounds alleged. Husband claiming that, in declaration before Gayatri Shakti Peeth wife does not disclosed her second marriage. Court observed that, declaration was a formality maintained at temple and it is for their protection so as to avoid the subsequent complications. The respondent husband has also not disclosed as to whether his marriage was the first marriage or second. He left the column blank, which bring the two parties on same level about the concealment of facts. So husband is not permitted to base his claim on such declaration.
Also marriage of parties was not performed in haste. There was gap of 6 months from date when parties decided to go for marriage. Parties and their families met on several occasions. It can be inferred that, aspect of wife being divorcee was discussed and considered prior to marriage and accepted. Application for annulment of marriage rejected.
Amrita Agrawal vs. Nitin Agrawal, FAM no.136/2017, Chattisgarh