The court held that a marriage can be annulled under Section 12(1)(C) of the Hindu Marriage Act if obtained through fraud, particularly when one spouse conceals crucial facts such as prior relationships impacting consent.

JUDGMENT :

SUJIT NARAYAN PRASAD, J.

1. Both the appeals have been preferred under section 19(1) of the Family Courts Act, 1984.

2. Since both the appeals arise out of the common judgment dated 16.02.2017 passed by the Principal Judge, Family Court, Garhwa in Original M.M. Suit No. 68 of 2016, as such, both the appeals have been tagged together and taken up together for analogous hearing and are being disposed of by this common order.

3. F.A. No. 213 of 2019 has been filed by the petitioner/appellant-wife against part of the judgment dated 16.2.2017 and decree dated 06.3.2017 passed by the learned Principal Judge, Family Court, Garhwa in Original M.M. Suit No. 68 of 2016 whereby and whereunder the Learned Family Court while allowing the petition filed under Section 12(1) (C) of Hindu Marriage Act, 1955 by appellant/petitioner/wife has granted Rs. 30,00,000/-(Thirty Lakh) as permanent alimony to appellant and herein the amount of alimony has been challenged on the ground of miscalculation.

4. F.A. No. 23 of 2018 has been filed by the respondent/appellant- husband against the impugned judgment dated 16.2.2017 passed in Original M.M. Suit No.68 of 2016 passed by the learned Principal Judge, Family Court, Garhwa whereby and whereunder the learned Principal Judge, Family Court, Garhwa has been pleased to ex-parte disposed of the respondent’s-wife petition filed under section 12(1)(C) of the Hindu Marriage Act, 1955 for declaration of marriage as void between the parties and further the appellant-husband was directed to deposit a sum of Rs. 30,00,000/- to the respondent-wife as permanent alimony within six months from the date of the order.

Factual Matrix

5. The brief facts of the case, leading to filing of the petition filed under Section 12(1)(C) of the Hindu Marriage Act, 1955, by the petitioner-wife, needs to be referred herein which are as under:

6. The petitioner's [the appellant in FA No. 213 of 2019] case, in brief, is that the marriage of petitioner-appellant and respondent-husband [the respondent in FA No. 213 of 2019] was solemnized on 02.12.2015 as per Hindu rites and rituals at Gorakhpur. The Chheka between petitioner and respondent was performed at Garhwa in presence of their relatives. The parent of the petitioner gave a sum of Rs. 2,50,000/- in cash and other precious gifts. Various utensils, furniture and jewellery were also given to the respondent and his family members worth Rs. 50,000/- and Rs. 10,70,000/- was also given for purchasing a car and Rs. 50,000/- for insuring the delivery of car, total Rs. 11,20,000/- was transferred by father of the petitioner in the bank account of Chambal Motor Car LLP having A/C No. 52000011838169 apart from this a sum of Rs. 50,000/- has been transferred in the account of Sushant Rao maternal brother of respondent in account No. 815314096894 on 10.11.2015.

7. Similarly, a sum of Rs. 1,50,000/- was also transferred in the Bank account of respondent vide account No. 088301502202 and on the same day a sum of Rs. 4,80,000/- was also transferred in bank account of Manish Rao the maternal brother of respondent in account No. 30819109305.These transfers have been made by the father of the petitioner as per desire and request of respondent and his family members.

8. The petitioner after marriage went to her marital home(Sasural) where she was introduced by family members of respondent including one Meeruta Sharma as a girl-friend of respondent. Later this petitioner came to know that the respondent is leading live-in-relationship life with Meeruta Sharma