A marriage is voidable under Section 12(1)(d) of the Hindu Marriage Act, 1955 only if it is proven by the petitioner that the respondent was pregnant by another person at the time of marriage; speculative allegations contradicted by medical evidence are insufficient to grant a decree of nullity.

CAV on 20.12.2025 Pronounced on 07/01/2026

Per Sujit Narayan Prasad, J.

1. The instant appeal under Section 19(1) of the Family Court Act, 1984 is directed against the judgment dated 25.06.2024 and decree signed on 05.07.2024 passed by the learned Additional Principal Judge, Additional Family Court No. II, Dhanbad in Original Suit No. 693 of 2019, whereby and whereunder, the suit filed by the petitioner-appellant [husband] for dissolution of marriage by decree of divorce u/s 12(1)(d) of the of Hindu Marriage Act, 1955, has been dismissed.

2. The brief facts of the case, leading to filing of the divorce petition by the appellant-petitioner, as taken note in the impugned order as emanated from the plaint, needs to be referred herein, which as under:

3. The petitioner has filed a suit for decree of dissolution of marriage on the ground that marriage is null and void u/s 12(1)(d) of Hindu Marriage Act 1955.

4. The case of petitioner-appellant, in brief, is that the he is legally married with the respondent and their marriage was solemnized on 26-04-2019 at Telodih, according to Hindu Rites and Customs. After the marriage, both the petitioner- appellant and respondent no. 1 had been living together as wife and husband at Amtand, Barwadih. Out of the wedlock the couple was blessed with no child.

5. It is stated that respondent no-1 started cohabited with the petitioner, on the very second day of marriage but thereafter the respondent no-1 was taken to Dr. Nitu Singh at 'Baba Clinic' Katrasbazar, on the complain that she has stomach pain, where after examining the respondent no-1 the doctor found that respondent no-1 pregnant.

6. It is alleged that the respondent no-1 is pregnant before marriage and when he inquired with respondent no-1 she admitted her relationship with respondent no-2 who is her Chachera [cousin] Jija. Moreover the respondent no-1 all along persisted with the telephonic conversation with respondent no-2 as there was love affair and illicit relationship between respondent no-1 and respondent no-2.

7. The petitioner informed the matter to the father and brother of the respondent no-1. Thereafter they came and took away the daughter on 03-06-2019 upon signing an agreement and stated that they were taking away respondent no-1 as per their own will and responsibility. It is further stated that in this regard the father of petitioner had filed a Misc. Case no- 1260/19 before the court of Executive Magistrate, Dhanbad on11-06-2019.

8. It is stated that the cause of action for filed the suit arose on 26-04-2019 when the marriage of the petitioner with respondent no-1 was performed. It also arose on several occasion when the respondent no.1 misbehaved with the petitioner-appellant since the knowledge of pregnancy on 29- 05-2019 of the respondent no-1 and illicit relationship with the respondent no-2.

9. On the aforesaid ground, the petitioner-appellant filed the suit praying therein to declare the marriage null and void u/s 12(1) (d) of Hindu Marriage Act 1955.

10. Respondent(s) appeared and contested the suit by filing the written statement and stated that the present case filed by petitioner is neither maintainable in law nor on facts hence is liable to be dismissed.

11. It has been stated that the entire allegation made by the petitioner is totally false and concocted. It is fur