JUDGMENT:

(Per Hon’ble Sri Justice K.Lakshman)

Heard Mrs. Pushpinder Kaur, learned counsel representing Mr.G. Durga Charan, learned counsel for the appellant and Mr.G. Ramakrishna, learned counsel representing Mr. Pradeep Kumar Lahot, learned counsel for the respondent.

2. Feeling aggrieved and dissatisfied with the order dated 03.05.2024 in F.C.O.P.No.908 of 2019 passed by the learned Judge, Family Court, Rangareddy District at L.B.Nagar, appellant/wife preferred the present appeal.

3. Appellant is the wife and the respondent is the husband. She has filed the aforesaid F.C.O.P. under Section 12(1)(c) of the Hindu Marriage Act, 1955 (for short, ‘the Act, 1955’) read with Section 7 of the Family Courts Act, 1984, seeking to grant decree of nullity by declaring the marriage between the appellant and the respondent as null and void on the grounds of fraud and cheating played by the respondent/husband.

4. It is contended that the marriage of the appellant with the respondent was solemnized on 24.08.2018 as per Hindu rites and customs. It was an arranged marriage. Families of the parties were not acquainted with each other. They both met through online matrimonial portal i.e., telugumatrimony.com. Respondent mentioned his date of birth as 09.02.1981. But, his actual date of birth is 09.02.1974. Her age was 36 years and it was late marriage. Believing the version of the respondent that his date of birth is 09.02.1981, she obtained horoscope and got married. She was under the belief that both are from the same age group, Government Servants and horoscopes also matched. She is from orthodox family and believes in horoscope matching of the couple. Thus, according to the appellant, respondent played fraud and cheated her. Therefore, the said marriage has to be declared as nullity.

5. It was further contended that after engagement, respondent and his parents started pressuring for immediate marriage. After marriage, she joined the company of the respondent at Vijayawada and the marriage was consummated.

6. The respondent and his mother started harassing her by throwing satires etc. His sister also started harassing her.

7. In the month of November, 2018, the respondent came to Hyderabad and both of them applied for registration of their marriage at the office of the Sub-Registrar, Rajendranagar, Hyderabad, and then, she came to know the actual date of birth of the respondent i.e., 09.02.1974. He was nine (09) years older than her by the date of marriage. Her parents have obtained horoscope with the wrong date of birth furnished by the respondent. Thus, the respondent played fraud on her. Therefore, she sought to declare the said marriage as null and void.

8. Respondent filed counter denying the said allegations.

9. To prove the said claim, appellant examined herself as PW.1 and she has filed Exs.P.1 to Ex.P.8 documents. To disprove the claim of the appellant, respondent examined himself as RW.1 and panchayat elder as RW.2. He has filed Exs.R.1 to R.4 documents. On consideration of the entire evidence, both oral and documentary, learned Family Court dismissed the aforesaid F.C.O.P. filed by the appellant.

10. As discussed supra, the appellant had filed the aforesaid application under Section 12(1)(c) of the Act, 1955 to declare her marriage with the respondent as nullity.

11. Section 12 of the Act, 1955 deals with voidable marriages. Section 12(1)(c) of the Act, 1955 is relevant and the same 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:

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(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