HARBHAJAN SINGH Vs. SMT. BRIJ BALAB KAUR

JUDGEMENT

(1.) THIS is an appeal against the order of the learned District Judge, Jullundur dismissing the petition of Harbhajan Singh, Appellant, under Section 12 of the Hindu Marriage Act, 1955 (hereinafter referred to as the Act) for the annulment of his marriage with Smt. Brij Balab Kaur, Respondent.

(2.) ACCORDING to the allegations of the Petitioner, the parties were married on 12 -7 -1955 at jullundur. The negotiations for this marriage took place between the Petitioner; and his father, Lekh Raj, on the one hand, and the Respondent's father. Nau Nihal Singh, on the other, in the month of February, 1955, at Jullundur. Nau Nihal Singh assured the Petitioner that the Respondent was a virgin and her character was unblemished. She was educated and was 20 years of age. Upon this, the Petitioner gave his consent for the marriage. The Respondent used to live with her father at Meerut. Nau Nihal Singh offered to perform all the ceremonies in connection with the marriage at Jullundur and stated that thereby the Petitioner would not be required to go to Meerut. As a result of this undertaking, the Petitioner had no opportunity to visit Meerut and ascertain the antecedents of the Respondent. Soon after the marriage was celebrated, the Petitioner came to know from a near relation that a child was born to the Respondent before her marriage with him. On that very day, that is, 24 -7 -1955, the Petitioner enquired from the Respondent about this matter and she admitted this fact before. Shri Guru Granth Sahib and gave a writing to the effect that a child was born to her as a result of an illicit connection with another person. The -consent of the Petitioner to marry the Respondent was, thus, obtained by making "wilful misrepresentation and fraudulent statement as to the fact of virginity and good character of the Respondent." This fraud was discovered by the Petitioner on 24 -7 -1955 and the present application, which was -filed on 24 -7 -1956, was within limitation. Since the discovery of this fraud, there had been no marital intercourse between the parties and they ceased to live as husband, and wife from that very date. The Respondent left the house of the Petitioner at Jullundur on 5 -8 -1955 and went to the -house of her father at Meerut and was residing there with her parents since then. A son and a daughter were born to the Respondent at the house of her father at Meerut in the' first week of April, 1956.

(3.) ON remand, proceedings were again taken ex parte against the Respondent but later on she got the ex parte order set aside and contested this petition. She denied all the allegations made against her. The negotiations of the marriage, according to her, had taken place through Dr. Santokh Singh and through correspondence. The mother of the Petitioner had also gone to Meerut and seen the Respondent and other members of her family before finalising the alliance. There was no question of doubting her character and consequently, there was no occasion for her father to give any assurance regarding her virginity and her unblemished character. She bore excellent; moral character and this was within the knowledge of the Petitioner and his family. They had made complete enquiries about her and her family and were fully satisfied about the same before the betrothal ceremony had taken place. The marriage of was fixed at Jullundur according to the convenience of the Petitioner's family and according to their wishes. She never made any admission orally or in writing before the Petitioner that she had an illicit alliance before her marriage with any person. The marriage between the parties had taken place with full and free consent of both the parties and there was absolutely no fraud or wilful misrepresentation of any kind made to the Petitioner. She and the Petitioner had been living as husband and wife even after 24 -7 -1955 and the Petitioner had also been visiting her while she was with her parents and her other relations. Her mother -in -law and her husband's brother had also visited the Respondent at Meerut after 24 -7 -1955 - The Petitioner and his relations had been writing letters to her and her relations. The twins were born to her as a result of this wedlock on 9 -4 -1956 at Meerut. The real facts were that the Petitioner and his father were greedy people and they had all along been trying to extort money from her father, who tried to accommodate them at times, but being a family man it was not possible for him to meet the unreasonable demands made by them. Consequently, in order to harass her and her family, the present petition had been brought. The Petitioner had also started in timid ting her criminally with threats to her and her relation's lives, in case she contested this petition. Besides the pleas On the merits, she raised three preliminary objections, namely, that the petition was not Vied within limitation; that it did not disclose any cause of action to the Petitioner under the Hindu Marriage Act; and that there had been unnecessary and improper delay in filing it.