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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Anil Kshetarpal, Rohit Kapoor
Gurdip Singh through his SPA Holder Harjit Kaur – Appellant
Versus
Amanjot Kaur – Respondent
| Table of Content |
|---|
| 1. marriage annulment based on alleged fraud. (Para 1 , 2 , 3) |
| 2. issues framed and evidence presented regarding fraud. (Para 4 , 6 , 8) |
| 3. court's analysis on presentation of evidence. (Para 9 , 10 , 11 , 14) |
| 4. legal standards for evidence admission and credibility. (Para 12 , 13 , 15) |
| 5. dismissal of appeal due to lack of merit. (Para 16 , 17) |
JUDGMENT :
ROHIT KAPOOR, J.
1. The instant appeal has been filed by the appellant-husband against the judgment and decree dated 24.4.2025 passed by the Family Court, Fatehgarh Sahib, whereby the petition filed by him under Section 12 (1)(c) of the HINDU MARRIAGE ACT , 1955 (hereinafter referred to as ‘the Act’) for seeking annulment of his marriage with respondent No.1-wife, has been dismissed.
2. Briefly stated, the case of the appellant is that his marriage was solemnised with respondent No.1 on 7.2.2016 and they had been residing and cohabiting as husband and wife at his village. No child was born from their wedlock. It is alleged by the appellant that prior to the solemnisation of the marriage, he had categorically asked respondent No.1 as to whether she is having any relationship or liking for any other person, however the sa
The court reaffirmed that to annul a marriage on grounds of fraud, the burden of proof lies on the appellant to demonstrate concealment of facts; failure to provide personal testimony results in adve....
Concealment of prior marriage and misrepresentation of income constitute fraud under Section 12(1)(c) of the Hindu Marriage Act, voiding the marriage due to compromised consent.
The concealment of a material fact concerning a spouse's ability to conceive constitutes fraud under Section 12(1)(c) of the Hindu Marriage Act, rendering the marriage voidable.
Concealment of a prior marriage constitutes fraud under Section 12 of the Hindu Marriage Act, justifying annulment of the subsequent marriage.
The judgment establishes that not every misrepresentation or concealment of fact constitutes fraud under the Hindu Marriage Act, and it emphasizes the importance of proving grounds for annulment.
Cohabitation after discovering fraud constitutes condonation, barring annulment under Hindu Marriage Act.
The main legal point established in the judgment is the requirement for a real consent to the solemnization of marriage and the limited scope of 'fraud' under Hindu Law in the context of annulment of....
The petition for annulment of marriage must be filed within one year from the discovery of force or fraud in obtaining the consent for the marriage.
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