Nullity of Marriage

JUDGMENT :

This appeal under Section 19(1) of the Family Courts Act, 1984 has been filed by the appellant/husband against the judgment and decree dated 16.06.2016 in M.C.No.102/2014 passed by the Family Court, Shivamogga, by which the petition filed under Section 18 of the Indian Divorce Act, 1869, seeking declaration of petitioner's marriage with the respondent, as null and void, has been dismissed.

2. Facts leading to filing of this appeal briefly stated are that the appellant and the respondent are Indian Christians and their marriage was solemnized on 01.05.2014 at CSI Vanes Memorial Church, Bhadravathi, and the CSI Vanes Memorial Church Bhadravathi has issued marriage certificate. The appellant has averred that the marriage proposal of the respondent was brought by the wife's mother, brother representing that the respondent's age is 36 years at the time of marriage. Based on such representation the appellant and his family members have consented for the marriage in good faith and accordingly the marriage was solemnized.

3. It was averred that nuptial ceremony was on 01.05.2014, however, the respondent's parents started telling that due to physical strain to the respondent in the marriage ceremony, requested the appellant to postpone the same, and as per their request the ceremony was postponed. Thereafter the respondent wife was brought to appellant's house at Shivamogga and started residing there. It was further averred that even after some days when the appellant requested for nuptial ceremony, the respondent informed that she is not keeping well and in the meanwhile, she suddenly fell ill and was unable to walk. When this fact was brought to the notice of mother of respondent, she and her son rushed to Shivamogga and they took the respondent to Bhadravathi informing that they will provide treatment for her and would send her back. It was further averred that respondent wife came back after two weeks and on the very next day i.e., on 22.5.2014, again she fell ill. Appellant and his family members were shocked and enquired regarding medical history and illness of the respondent wife but the same was not disclosed. The appellant further averred that he took the respondent to Doctor on 23.04.2014 and Doctor advised her to undergo some tests and when the tests were conducted, it was revealed to the shock of appellant that respondent was suffering from Fatty infiltration of liver, Left renal Hydronephrosis, Microcytic Hypochromic Anemia and her blood report was also abnormal. It was further averred that when the appellant questioned the respondent and her family members, it was finally revealed that she is suffering from incurable disease since long time, the said fact was concealed by the respondent and her family members at the time of marriage proposal. It is averred that, she has also disclosed that her age is 41 years, which is again a shock to the appellant as it was represented to him that her age is 36 years at the time of marriage proposal. It was further averred that the respondent wife is 4 years elder than the appellant and it is clear that consent of the appellant for marriage was obtained by fraud, misrepresentation and also there is concealment of material facts, hence the marriage remains unconsummated. It is further averred that when things were revealed, the parents of the respondent took away the respondent wife to their house. The act of the respondent and her family members amounts to fraud, misrepresentation, concealment of material facts, by which they have obtained consent of the appellant to marry the respondent. Hence sought to declare the marriage of the appellant with the respondent solemnized on 01.05.2014 as null and void.

4. The respondent wife entered appearance before the Family Court by filing the statement of objections and opposed the petition by denying the averments made therein and sought for dismissal of the petition.

5. The Family Court recorded the evidence of the parties. The appellant e