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2008 Supreme(AP) 304

IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD
D.S.R. VARMA AND Ms. G. ROHINI, JJ.
M. Devender - Appellant
Versus
A. Sarika - Respondent
FCA No.166 of 2007 and Cross-Objections (SR) No.10941 of 2008
Decided On: 25-04-2008

Advocates:
Advocate Appeared
L Arun Kumar Naidu, Counsel for the Appellant in FCA and for the Respondent in Cross-Objector;
C Prakash Reddy for D. Prabhakar Reddy, Counsel for the Respondent in FCA and Cross-Objector in Cross-Objections.

Headnote:Hindu Marriage Act, 1955 – Sections 7 and 12 – Nullity of marriage – Marriage by misrepresentation and fir and – Concealment of facts relating to social status, financial status and other material aspects, entitle the other spouse to seek a decree of nullity of marriage. (Paras 21-23,28)

D.S.R. VARMA, J :- Heard the learned Counsel appearing for the appellant in the appeal and the respondent in the Cross-objections and Sri C. Prakash Reddy, the learned Senior Counsel, representing the learned Counsel appearing for the respondent in the appeal and the Cross-objector.

2. The appeal is directed against the order and decree, dated 10.10.2007, passed by the Family Court, Hyderabad, allowing the petition F.C.A.O.P. No.1001 of 2005, filed under Section 12 of the Hindu Marriage Act, 1955 (for short, "the Act"), seeking a decree of nullity of the marriage of the petitioner therein with the respondent therein; while the Cross-objections are filed seeking annulment of marriage under Section 12 of the Act as being voidable on account of fraud played by the respondent therein on the Cross objector.

3. Since the appeal and the Cross Objections are interrelated, they are being disposed of by this common judgment.

4. Appellant in the appeal and the respondent in the Cross-objections is the husband and the respondent in the appeal and the Cross-objector is the wife.

5. For the sake of convenience, in this common judgment, the appellant in the appeal and the respondent in the Cross objections and the respondent in the appeal and the Cross-objector will be referred to as "the husband" and "the wife", respectively.

6. It is the case of the wife that, while she was studying Engineering Course, in the year 2004, she came in contact with the husband and got introduced to each other and slowly it was developed into friendship; that, during the course of friendship, she was informed by the husband that he was a graduate and owns a house at Mahendra Hills and he belongs to the same community to which she belongs etc., that, during friendly relationship, some photographs of the wife along with the husband were also taken; that, in course of time, the husband started threatening her to commit suicide if she refused to marry him; that, in that process, she was also informed that the husband had consumed poison and was admitted in a hospital; that, over a period of time, having believed various statements of fact made by the husband, which were very much material, she agreed to marry him and eventually the marriage was allegedly performed under the aegis of A.P. Abhyudaya Vivaha Vedika (A.P. Cosmopolitan Marriage Bureau), which appears to be a registered body; that since the marriage of the elder sister of the wife was to be performed, they waited for sometime and only after her marriage, they were married and that subsequently she came to know that all the statements made by the husband, basing on which she married him, were incorrect. Hence, the said O.P. came to be filed.

7. On the contrary, the husband filed a counter, making a counter-claim for restitution of conjugal rights, stating, inter alia, that the allegations levelled against him were absolutely false; that he sincerely and honestly disclosed about himself and his caste to the wife and she, having been convinced with his honesty and sincerity, liked him and expressed her love towards him, though he belongs to Scheduled Caste Community; that the marriage was performed with free consent of the wife and the marriage was consummated; that when the wife had a complaint of eyes, he got her treated in Sai Jyothi Eye Institute, situated at West Marredpally, Secunderabad; that, similarly, when she complained of abdomen pain, she was taken to hospital where she was found to be pregnant; that the said revelation was made at Sagarlal Memorial Hospital, vide J.P. No.2715, dated 12.6.2005, and the pregnancy was terminated on 13.6.2005; that, after termination of pregnancy, the wife stopped meeting him and all his attempts to contact her failed and that the change in the attitude of the wife was because of influence, threat and coercion exerted by her father.

8. In order to establish her case, the wife examined herself as P.W.! and her father as P.W.2 and got marked Exs.P-l to P-3 on her behalf and


































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