IN THE HIGH COURT OF MADHYA PRADESH AT INDORE BEFORE HON'BLE SHRI JUSTICE VIVEK RUSIA &

HON'BLE SHRI JUSTICE BINOD KUMAR DWIVEDI FIRST APPEAL No. 52 of 2018 YOGENDRA SINGH Versus JYOTI …..........................................................................................................................

Appearance:

Shri Satyendra Kumar Vyas – Senior Advocate with Shri – Advocate for the appellant.

Shri Amar Singh Rathore - Advocate for the respondent.

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Reserved on : 17/09/2025 Pronounced on : 25/09/2025

JUDGMENT

Per: Justice Binod Kumar Dwivedi This appeal under Section 28 of the Hindu Marriage Act, 1955 (for short hereinafter referred to as 'HMA’) has been directed against the judgment and decree dated 05.10.2017 passed by Additional District Judge, Nagda, district Ujjain in Case No.09/2017 whereby the application filed by the appellant/husband under Section 12(1)(c) of HMA has been Signature Not Verified dismissed.

2. It is undisputed marriage of the appellant with respondent was solemnized on 23.01.2011 in Basant Palace, Nagda, Ujjain.

3. The case of the appellant/husband is that he is an (IT Educated) talented Engineer working in a private Company situated at Hyderabad. He wished for highly educated wife. On 27.02.2010, father, brother and brother-in-law of respondent came to him with a proposal of marriage with biodata of the respondent. In conversation with the father of the respondent, it was disclosed that respondent is having Diploma in Computer Engineering, Hardware and Networking. Exaggerating the social status of his family, the father of the respondent put forward the marriage of the respondent with the appellant. On this representation, on 08.03.2010 he went for meeting the respondent. When he demanded the Diploma mark sheet, the brother of the respondent pleaded non-availability of the mark sheet with further assertion that it has been given to some agent for issuance of passport and as soon as it is received back, it will be supplied to him. On this assurance, misrepresentation about qualification in engineering of the respondent, he agreed for marriage. Betrothal ceremony took place and on 23.01.2011 marriage was solemnized with great pomp and show.

3.1 It is further pleaded that even after marriage, Diploma mark sheet was not supplied to him. Respondent remained in the company of the appellant for about 15 days in matrimonial house. Thereafter, her parents took her to Nagda and the appellant went to Hyderabad. On 02.03.2011, she was brought to Hyderabad by her father. In the meantime, the appellant Signature Not Verified told the respondent that he is searching for her job, therefore she should call her Diploma mark sheet, but she did not give any positive reply and remained evasive to produce the same. After some time suspicion arose regarding engineering qualification of the respondent on which bitterness arose between their relation. After that in April on Ashtami Puja, the appellant came to Nagda with the respondent and leaving her there he again returned back to Hyderabad. From 15.04.2011 she was residing with her parents. In the meantime, also he repeatedly requested for mark sheet but that was not supplied. Thereafter, tension crept in their matrimonial relationship. When he had internet search about the technical educational qualification of the respondent, it was found that she has failed in technical education in the result declared on 08.02.2011. When he objected about misrepresentation with regard to the technical educational qualification, the family members of the respondent threatened him that now marriage is solemnized and if he proceeded for any action he will be lodged in jail in dowry case. It also came to the knowledge of the appellant that in the examination the photograph of some other lady was found pasted on the admission card of the respondent. Thus, it was apparent that