Decided on May 13,2005

SMITA Appellant
Girish Chandal Respondents


V.K.SHRIVASTAVA,J. - (1.) This appeal has been directed against the judgment and decree passed by Vth Additional District Judge, Raipur, on 9-7-2001 in Civil Suit No. 355-A/1996, decreeing the suit and declaring the marriage dated 4-7-1995 void.
(2.) On 4-7-1995 appellant No. 1 and respondent were married at Raipur in accordance with Hindu rites, rituals and customs and thereafter appellant No. 1 lived with her husband/respondent in her matrimonial home upto 16-9-1995. Since 17-9-1995 appellant is living in her parental home.
(3.) Respondent filed a suit under Sections 11, 12 and 13 of the Hindu Marriage Act (for short, "the Act") for declaring the marriage solemnized on 4-7-1995 void averting that the appellant No. 1 was not willing to marry the respondent and was suffering from mental disorder, a fraud has been played on him by suppressing these facts in order to have his consent for marriage, as also for divorce alleging that during pendency of the petition appellant No. 1 has made various false allegations against the respondent causing mental torture to him. Appellants in their reply denied the allegations and stated that marriage was solemnized with the consent of appellant No. 1 and after the marriage she lived with the respondent, where the marriage was consummated. In her matrimonial house on the demand of dowry she was subjected to cruelty. On the ground that respondent has to go abroad, appellant No. 1 was constrained to live in her parental home. Respondent left her with assurance to take her back after return from abroad, but did not take her back to matrimonial home, instead, sent a notice to her and filed a suit for declaration of marriage void and for dissolution of the marriage.;

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