Vasanti A. Naik, J.

The Family Court Appeal is ADMITTED and heard finally with the consent of the learned counsel for the parties.

2. By this Family Court Appeal, the appellant challenges the judgment of the Family Court, Nagpur, dated 21.11.2015 in Hindu Marriage Petition No. 1021 of 2013, allowing the petition filed by the respondent Husband for a declaration of nullity of marriage under Section 12(1)(c) of the Hindu Marriage Act, 1955.

3. The facts giving rise to the Family Court Appeal are stated thus :

The marriage between the Respondent-husband and the appellant-Wife was solemnized on 13.06.2013 at Nagpur as per Hindu rites and custom. The marriage was an arranged marriage. After the marriage, the parties started residing together in the matrimonial home. Before the marriage, the engagement ceremony was performed on 24.02.2013. It is the case of the Respondent-husband in the Hindu Marriage Petition filed by him against the appellant-Wife for a decree of nullity of marriage that the appellant-Wife was never anxious to meet the Respondent-husband after the engagement ceremony was performed. According to the Respondent-husband, whenever the Respondent-husband asked the wife to come out for a movie or accompany him to a hotel, the appellant-Wife did not show any interest and refused to accede to his request. It is the case of the Respondent-husband that on 11.06.2013, i.e. just two days before the date of marriage, he received a phone call from an unknown person informing him that the appellant is having an affair with one Muslim boy and they are involved in physical relationship since 4 to 5 years. It is pleaded by the Respondent-husband in the Hindu Marriage Petition that it was informed by the unknown caller that he was the respondent's well wisher and the respondent should not marry the appellant. It is pleaded in the petition that after receiving the phone call, the Respondent-husband was disturbed and spoke about the same with the appellant-Wife and her brother. It is pleaded that the appellant-Wife and her family members denied the information that was supplied to the Respondent-husband by the unknown caller and he was told that somebody might have mischievously called him with a view to defame the appellant and her family members. It is pleaded that believing the words of the appellant and her family members the marriage was performed on 13.6.2013. It is pleaded that after the marriage, the appellant-Wife was remaining aloof and was disinterested in the Respondent-husband and his family members. It is pleaded that there was no excitement on the face of the appellant-Wife like a newly married girl. It is pleaded that the appellant informed the Respondent-husband that she was not interested in cohabitation. It is pleaded that the Respondent-husband thought of giving some time to the appellant, but the appellant-Wife did not change her ways and did not allow any physical relationship. It is then pleaded that when once the Respondent-husband, his cousin and the appellant were chatting, the appellant started reciting Azan, i.e. prayer in Urdu, before them. It is pleaded that they were surprised to hear the prayer and on asking the appellant as to how she could recite the Azan, the appellant-Wife replied that she likes Urdu and is interested in learning Urdu. It is pleaded that one day the Respondent-husband found a diary in the name of the appellant with some Urdu writing on it. It is pleaded that the Respondent-husband got the Urdu writing translated and found that the meaning of the said words were “I love you, you are my wife and I cannot live without you.” It is pleaded that on securing the knowledge of the meaning of the aforesaid writing, the Respondent-husband got distrubed. It is further pleaded that when the appellant-Wife went to her parents' house for Ashadi Ekadashi, she did not call the Respondent-husband till she returned to the matrimonial home after ten days. It is pleaded that the Respondent-husband