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2018 Supreme(P&H) 422

M.M.S.BEDI, GURVINDER SINGH GILL
Jaipal – Appellant
Versus
Surbhi – Respondent


Advocates Appeared:
For the Appellant :Mr. Naveen Kashyap, Advocate
For the Respondent:Mr. Girish Agnihotri, Senior Advocate with Mr. Saurabh Gulia, Advocate

JUDGMENT :

GURVINDER SINGH GILL, J.

1. The appellant-husband has filed this appeal challenging judgment and decree dated 7.12.2016 passed by the District Judge, Panchkula whereby a petition filed by respondent-wife under Section 12 of the Hindu Marriage Act, 1955 (hereinafter referred to as “the Act”) has been accepted and a decree of annulment of marriage of the parties has been passed.

2. The case set up by respondent-wife, in her petition under Section 12 of the Act is that she had developed friendship with the appellant when she was aged about 14/15 years and on 18.2.2014 the appellant took her to a temple known as Prachin Shiv Durga Temple, Panchkula where they exchanged garlands. It is averred that neither parents of any of the parties were present nor ceremony of Saptapadi was performed and as such, there was no valid marriage in the eyes of law. The respondent further averred therein that they never lived together even for a single day and the said marriage had not been consummated and she has been residing with her parents prior to and even after 18.2.2014. The respondent-wife specifically stated in her petition that her consent had been obtained by the appellant by coercion.























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