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SUJIT NARAYAN PRASAD, ARUN KUMAR RAI
Sweta Kumari – Appellant
Versus
Prakash Kumar – Respondent
JUDGMENT (CAV)
Sujit Narayan Prasad, J.—The instant appeal has been filed on behalf of the appellant under Section 19(1) of the Family Courts Act, 1984 against the order/judgment dated 27.02.2021 [decree signed on 06.03.2021] passed by the learned Principal Judge, Family Court, Hazaribag in Original Suit No. 105 of 2017, whereby and whereunder, the said Suit filed by the appellant-wife under the provisions of Sections 25(i) & (iii) of Special Marriage Act, 1954 has been dismissed.
2. It requires to refer herein that vide order dated 12.10.2022 passed by this Court matter was referred for mediation. But the said mediation was failed which would be evident from order dated 19.12.2022, for ready reference the aforesaid order is being quoted herein:
08/19.12.2022
Mediation has failed, as per the report of learned Mediator, JHALSA bearing letter no. 3263A dated 02.12.2022.
2. Admit.
3. Call for the lower court records in connection with Original Suit No. 105/2017 from the Court of learned Principal Judge, Family Court, Hazaribag.
4. Place the case under the heading ‘For Hearing’ on receipt of lower court records, as per its age.
3. Thereafter again vide order dated 9.10.2025 m
Annulment of marriage – Certificate of marriage issued by competent authority, is conclusive proof of marriage.
Restitution of conjugal rights – Where marriage itself is not proved, decree for restitution of conjugal rights cannot be sustained.
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.
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.
Marriage under Hindu law is not voidable based on misrepresentation of health unless consent was not given freely; real consent is paramount.
The Family Court can nullify its own divorce decree if obtained through fraud, emphasizing the necessity of meeting legal prerequisites for mutual consent divorce.
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