P. Sathasivam, J. - (1.) Leave granted.
(2.) This appeal is directed against the final judgment and order dated 01.09.2009 passed by the High Court of Punjab & Haryana at Chandigarh in FAO No. 72-M of 2006 (O & M) whereby the High Court allowed the appeal filed by the Respondent herein and set aside the judgment and decree passed by the Additional District Judge-I, Faridabad in favor of the Appellant herein.
(3.) Brief facts: (a) The Appellant is a pilot with the Indian Air Force and was posted as Pilot Officer at Hakimpet (Hyderabad) in April, 1997. In the last week of April, 1997, the Appellant was traveling by train from Delhi to Hyderabad wherein the Respondent also happened to be traveling and at which time she introduced herself as Bhavana and claimed to be the Vice Principal of St. Peters Convent, Vikas Puri, New Delhi and a journalist. During the conversation, Respondent claimed to be a spinster, aged 27 years and disclosed that she was traveling to Hyderabad in connection with a book she was writing on Anglo Indians. Much later the Appellant learnt that she had visited Hyderabad for appearing in her B.A. examination from Osmania University. (b) Subsequently, both of them met at Delhi in the first week of July, 1997 and March, 1998 and ultimately the Respondent tricked the Appellant into marrying her on 28.11.1999 at Arya Samaj Mandir, Rathkhana, Bikaner, Rajasthan as per Hindu rites and ceremonies. The Respondent also gave a written affidavit to the Arya Samaj Mandir that she was a Hindu, a spinster and was never married before. (c) In January, 2000, the Respondents father met the Appellant at Sona Rupa Restaurant in Nehru Place, New Delhi and it emerged during the conversation that the Respondent was a Muslim and her actual name was Sahar Wasif and her previous marriage had taken place according to Muslim Law with a Muslim-Wasif Khalil after her conversion to Islam and had two children out of the said wedlock, namely, daughter Heena (13 years) and son Shaz (11 years). The Appellant was totally shocked and devastated to hear all this. On 22.07.2000, an FIR being 690/2000 was registered against the Respondent and her brother under Sections 406, 419 and 420 of the Indian Penal Code (in short Rs. the IPC) at the Kalkaji Police Station, New Delhi. (d) The Appellant, thereafter, filed Suit No. 87 of 2000 in the Court of Addl. District Judge-I, Faridabad, under Sections 5 and 12 of the Hindu Marriage Act, 1955 (in short Rs. the Act) seeking dissolution of marriage solemnized on 28.11.1999 with the Respondent at Arya Samaj Mandir, Bikaner. Before the trial Court, the Appellant narrated as to how he was deceived and cheated by the Respondent and also claimed that the parties to the petition have been living separately from the date of marriage itself and have had no cohabitation and nor was there any consummation for which reason no issue was born out of the wedlock. (e) The trial Court, by order dated 07.03.2006, declared the marriage between the parties to the petition a nullity and also ordered the Appellant to pay Rs. 2,000/- per month as permanent alimony to the Respondent towards her maintenance. (f) Aggrieved by the said order, the Respondent preferred an appeal before the High Court of Punjab & Haryana whereby the learned Single Judge vide his order dated 01.09.2009 allowed the appeal of the Respondent and set aside the judgment and decree passed by the Trial Court. Aggrieved by the said order, the Appellant has preferred this appeal by way of special leave before this Court. ;