ORAL ORDER

1. Heard party-in-person – petitioner.

2. By way of the present petition filed under Articles 226 and 227 of the Constitution of India, Party-

in-person - petitioner has prayed for the following reliefs:-

“29. Interim Relief:-

A. Admit and allow this petition.

B. Stay the proceedings at Vadodara Family Court in matter of FSUIT 365 of 2021.

C. Call for the records and proceedings of FSUIT

365 of 2021 at Vadodara Family Court.

Final Relief:-

A. The marriage of Applicant with Respondent No.1 be nullified/ be made void as it was brought in on the basis of false facts and fraudulent intent.

B. The monetary and all other assets has been taken away by petitioner from respondent be handed over to respondent with immediate effect which includes mutual funds of 20 Lacs rupees and Jewelry worth 15 lacs rupees along with expenses on marriage to the tune of 15 lacs rupees.

C. Any other and further relief as this Hon’ble Court may deem fit.”

3. The Party-in-person submitted that the respondent-wife has filed Family Suit being Family Suit No.365 of 2021 for the relief of decree of divorce. Summons of suit were served in 2022. Pending the suit, petitioner filed an application under Sections 7, 11, 12 of the Hindu Marriage Act, 1955 below Ex.12 on 30.11.2021 for the following reliefs:-

“1. The marriage of Respondent with Petitioner be nullified/be made void as it was brought it on the basis of false facts and fraudulent intent.

2. The monetary and all other assets has been taken away by petitioner from respondent be handed over to respondent with immediate effect.

3. Any other relief as deemed appropriate by court.”

4. It is submitted that the marriage between the parties was solemnized on a fraudulent basis. Documents were also submitted by the petitioner along with the Written Statement to substantiate the fraud being committed by respondent. However, the learned Family Court rejected the application on the ground that the petitioner did not produce any documentary evidence.

5. The submission canvassed by the Party-in-person is that the order dated 01.06.2023 is perversed and requires to be quashed and set aside. It is submitted that interference by this Court is required as the petitioner has pleaded allegation of fraud.

6. I have considered the application Ex.12 and the prayers made therein. The application Ex.12, submitted by the Party-in-person, prays for nullity of the marriage solemnized between the parties and for other reliefs. The submission canvassed by the Party-in-person that summons for Family Suit No. 365 of 2021 were served in 2022 is absolutely false and made with the intention to mislead this Court, as the application Ex.12 was filed by the Party-in-person on 30.11.2021. Therefore, the summons could not have been served to petitioner in the year 2022. This conduct of the Party-in-person is deprecated by this Court.

7. It is also noteworthy that, although the Party-in- person has alleged fraud in the solemnization of the marriage, no separate proceedings have been initiated for the relief of nullity of the marriage. By way of an application Ex.12, the petitioner seeks a declaration of nullity of the marriage without entering into a trial, which is against the settled principles of law. Parties are required to prove their case through oral and documentary evidence, including cross-examination by the opposing side. Merely by submitting documents does not entitle the petitioner to assert that the marriage was a nullity.

In the absence of cogent and convincing oral evidence produced and proved by a party, marriage cannot be declared null and void. Upon perusal of the impugned order, I do not find any perversity or illegality committed by the learned Family Court. The scope under Article 227 of the Constitution of India is very limited, and unless and until, there is gross error of law committed by the learned Family Court, this Court cannot interfere with its findings of fact.

8. In light of the overall facts and the above observations, t