THE HON’BLE SRI JUSTICE K. LAKSHMAN AND THE HON’BLE SRI JUSTICE VAKITI RAMAKRISHNA REDDY FAMILY COURT APPEAL No.1 of 2015

JUDGMENT:

(Per Hon’ble Sri Justice K.Lakshman)

Heard Ms.T.V.Sridevi, learned counsel for the appellant.

Notice sent to the respondent was returned unserved with an endorsement ‘left’. Sending notice to the respondent to the address available is sufficient in terms of Section 27 of the General Clauses Act, 1897. There is no representation on behalf of the respondent. We have recorded the said fact vide order dated 29.10.2025. We have perused the record.

2. Appellant is the husband and respondent is the wife. Their marriage was performed on 15.11.2013 as per Hindu rites and customs. It is contended that it is a second marriage for both of them. Appellant has filed an application under Section 12(2)(b) of the Hindu Marriage Act, 1955 vide F.C.O.P.No.34 of 2014 on the file of learned the Judge, Family Court, Hyderabad, against respondent/wife to declare the said marriage as nullity and to annul the same by way of decree, contending that she had left the company of the appellant on the same day of marriage i.e., on 15.11.2013 saying that she is not interested in the marriage. On 16.11.2013 the appellant and his parents made several phone calls to the aunt of the respondent i.e., Smt.Vijaya Lakshmi to enquire about respondent’s position, who sought some time as the respondent is not interested to join the marital life of the appellant. Appellant waited ten (10) days with a hope that respondent will join him and lead marital life. Thereafter, appellant, his parents along with Smt.Anuradha and elders went to the house of the respondent parents’ to discuss about the issue and they had lengthy discussion with her mother’s sister and her husband. Ultimately, appellant came to know that respondent was not there in their house. Therefore, appellant and his parents asked the respondent parents’ to solve the issue amicably. Even then, there is no response. Therefore, he has filed the said application to declare the said marriage as nullity.

3. To prove the said allegations, appellant/husband himself examined as PW.1 and filed Ex.P.1 – marriage certificate and Ex.P.2 – marriage photo. Respondent/wife remained ex parte. On consideration of the said evidence, vide the impugned order dated 15.09.2014, learned Family Court dismissed the said O.P. holding that the marriage was held on 15.11.2013, appellant/husband has filed the said application on 13.12.2013, within one month after the marriage. He can’t file the said application seeking dissolution of marriage within one year. Therefore, to get over the said bar, he has filed the aforesaid application under Section 12(2)(b) of the Hindu Marriage Act, 1955, to declare the said marriage as nullity.

4. Section 12 of the Hindu Marriage Act, 1955 deals with voidable marriages, it is relevant and it is extracted below:

“12. Voidable marriages.— (1) Any marriage solemnised, whether before or after the commencement of this Act, shall be voidable and may be annulled by a decree of nullity on any of the

following grounds, namely:—

[(a) that the marriage has not been consummated owing to the

imporence of the respondent; or]

(b) that the marriage is in contravention of the condition specified in clause (ii) of section 5; or (c) that the consent of the petitioner, or where the consent of the guardian in marriage of the petitioner [was required under section 5 as it stood immediately before the commencement of the Child Marriage Restraint (Amendment) Act, 1978 (2 of 1978)], the consent of such guardian was obtained by force [or by fraud as to the nature of the ceremony or as to any material fact or circumstances concerning the respondent]; or (d) that the respondent was at the time of the marriage pregnant by some person other than the petitioner.

(2) Notwithstanding anything contained in sub-section (1), no petition for annulling a marriage—

(a) on the ground specified in clause (c) of sub-section (1)