The central legal point established in the judgment is the annulment of a marriage under Sec. 12 of the Hindu Marriage Act, 1955, based on the suppression of material facts and fraud.

JUDGMENT

SHARMILA U.DESHMUKH, J. - Rule, returnable forthwith.

2. By consent of parties, Petition is taken up forthwith for hearing.

3. Appellant takes an exception to the judgment and decree dtd. 29/10/2021, passed by the Family Court, Thane, in Petition No.A-192 of 2017, whereby the marriage between the Appellant-wife and the Respondent-husband solemnized on 30/11/2013, was declared as null and void by a decree of nullity with effect from the date of decree. For sake of convenience, the parties are referred as per their status before the Trial Court.

4. Petitioner-husband filed Hindu Marriage Petition No.1342 of 2014 with the Family Court at Allahabad under Ss. 11 and 12(1)(c) of the Hindu Marriage Act, 1955, seeking annulment of the marriage solemnized as per Hindu Vedic Rites between the Petitioner and the Respondent on 30/11/2013. The said Petition was transferred to Family Court, Thane and was numbered as Matrimonial Petition No.A-192 of 2017. The impugned judgment and decree, which is under challenge in the present Appeal was passed by the Family Court, Thane.

5. The Petitioner and Respondent were married on 30/11/2013, according to Hindu Vedic Rites at the residence of the Petitioner at 25 Drummond Road, Prayagraj, Uttar Pradesh. Petitioner seeks annulment of the marriage on the grounds that at the time of their marriage, the Respondent was married to one Ashok Yadav and had a son from the said wedlock and these material facts were suppressed by Respondent. In Marriage Petition, the Petitioner has stated that the Respondent-wife had portrayed herself as an unmarried woman and that the Respondent did not inform Petitioner or any of his relatives that she was married to one Ashok Yadav and from that marriage she had begotten a son called "Yash", born on 10/11/1999. Petitioner became aware of the previous marriage of the Respondent and about the existence of the son of the Respondent after receiving a phone call from said Ashok Yadav on 10/9/2014. Petitioner, thereafter made inquires with the Respondent, who first denied, but when confronted with name of the child, admitted that she was married to Ashok Yadav, but, stated that she had left him. Petitioner also confirmed these facts from the Respondent's sister. On 4/10/2014 Petitioner filed the Marriage Petition seeking annullment of marriage under Ss. 11 and 12(1)(c) of the Hindu Marriage Act.

6. Respondent-wife filed her written statement to the Marriage Petition and opposed the relief sought by the Petitioner. Respondent, in her written statement, stated that she was in a live-in relationship and had a son from that relationship, which had ended approximately 15 years back. Respondent further stated that Petitioner was made aware of the relationship before their marriage, and, Petitioner had met her son prior to their marriage. Respondent further stated that this fact was brought to the notice of the Petitioner by the Respondent and her relatives prior to the marriage. Respondent further stated that she was forcefully removed from the matrimonial house on 7/12/2020, by retaining her Streedhan of Rs.1.00 Crore when Petitioner wanted to get rid of the relationship as the Petitioner was in illicit relationship with one Mrs.Varalakshmi. Respondent sought dismissal of the Petition and return of her Streedhan of Rs.1.00 crore.

7. Evidence in the form of oral and documentary evidence was led by both parties. After considering the evidence on record, Family Court, Thane by the impugned judgment and order declared the marriage as null and void by decree of nullity.

8. Heard Learned Counsels appearing for the parties.

9. The dispute centers around two issues i.e. the marriage between Respondent and the said Ashok Yadav and the suppression by the Respondent of the fact of the prior marriage and the existence of a son from the said wedlock.

10. Learned Counsel for Respondent(Appellant wife) submits that the Petitioner has failed to bring any evidence on record to prove that the Res