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2018 Supreme(All) 1360

DEVENDRA KUMAR ARORA, ABHAI KUMAR
PRADEEP KUMAR MAHESHWARI – Appellant
Versus
ANITA AGARWAL – Respondent


Advocates:
Counsel :
Rajesh Kumar Pandey and Mukteshwar Mishra for the Appellant; Abhishek Misra and Satendra Kumar Singh for the Respondent.

JUDGMENT

By the Court.—The aforesaid First Appeal under Section 19(i) of the Family Court Act, 1984 arises out of the judgment and order dated 24.10.2017 passed by the Principal Judge, Family Court, Lucknow, whereby the petition preferred by the appellant for annulling his marriage with Smt. Anita Agarwal has been rejected summarily on the ground that the case does not fall under Section 12(1)(c) of the Hindu Marriage Act.

2. In short, the facts as narrated in the memo of appeal are that marriage of Pradeep Kumar Maeshwari was solemnZed with Smt. Anita Agarwal on 22.4.2016 as per Hindu rites and customs at Jagdishpur Dharamshala, Aisbagh Lucknow. After marriage, the wife refused to consummate marriage on one pretext or the other. Some doubts were created by the respondent that the appellant is impotent and to remove such doubts, the appellant went under medical check-up alongwith respondent at King George Medical University where the doctor after examination declared him fit. Even after medical check-up, the wife not only refused to consummate marriage but refused to perform diurnal work of the house and started misbehaving with the appellant and his parents and one day she left the



















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