Hindu Marriage Act, 1955—Section 12 (1) (c)—Civil proceeding—For annulment of marriage—Filed by husband—Decree by Family Court—Wife preferred appeal—For restitution of conjugal rights—Dismissed—Appeals against—Determination of—Evidence of husband—Perusal of—Wife shows that husband got knowledge of scar, even per his say in night—It was first night of newlyweds—He saw scar completely and in natural form, in morning both—He nowhere states that thereafter he could not have physical relation with his wife first night or he did not sleep with his wife in same room or there were no physical relations between them after he saw scar fully—High Court agree with findings on fact made by Family Court—Impugned common judgment confirmed&mda...

Hindu Marriage Act, 1955—Section 24—Annulment of marriage—Petitioner seeking for—Respondent filed an application—Seeking Rs. 1,00,000/- as monthly maintenance and for a lump sum of Rs. 75,000/- as litigation expenses—Same rejected—Challenge thereto—Petitioner filed an application under Section 151 of CPC readwith Section 301 of Cr.P.C.—For offence of perjury—Held, applications need to be considered on merits at earliest point of time so that a loud message goes to unscrupulous section of litigant public as to what would be fall the perjuring parties—Impugned order is set at naught—Matter is remitted for consideration afresh—Petition succeeds. (Paras 2 and 4) ...

Special Marriage Act, 1954—Sections 24(1)(i), 25(i) and 25(iii)—Constitution of India, 1950—Article 142—Code of Civil Procedure, 1908—Section 25—Supreme Court Rule, 2013—Order VI, Rule 1—Petition filed under—Annulment of marriage—Petitioner filed transfer petition—Seeking transfer of original case pending before Family Court—When matter was taken up for consideration—Court found it just and proper to refer parties to Supreme Court Mediation Centre to explore the possibility of mediated settlement—Settlement Agreement—Supreme Court was satisfied that dispute of parties stand amicably resolved with Settlement Agreement—It appears just and proper to grant a decree of divorce by mutual consent to parties in terms of their agreement while waving any...

Hindu Marriage Act, 1955, Section 12(1)(a) and 12(1)(c)—Constitution of India, 1950, Article 227—Annulment of marriage—Impotency—PCOS (Poly cystic ovarian syndrome)—It is clear that husband has not pleaded that the wife's inability to give birth to a child as 'Impotency',—The husband seeks for annulment of a marriage on the reason that there was no cohabitation and wife could not bear a child—It is the husband’s legitimate expectation to live with his wife and have cohabitation and bear children and if the same is not achieved owing to some physical or mental problems, it is quite logical that either of the parties will approach the Court for seeking a divorce—The petitioner/wife has not made out any grounds seeking for intervention of this Court under Article 227 ...

The Hindu Marriage Act, 1955, Section 12—Annulment of marriage under—Decree of—Challenging of, on the ground of marriage registration certificate—Effect of—Performance of ceremonies of the marriage especially the ceremony of Saptapadi not been established—The Marriage Registration Certificate not to be of any consequence when the essential ceremonies of the marriage not been established—When factum of marriage is disputed, then registration of marriage under the Hindu Marriage Act or the Special Marriage Act not to constitute a proof of a valid marriage.  (Paras – 10, 11, 12) ...

Hindu Marriage Act, 1955, Sec.13 — Annulment of marriage under —Recording of concession given by the husband and the wife—Husband directed to pay a particular sum to the wife towards permanent alimony and all other dues in full and final settlement  —Husband provided with two months’ time to make the payment —Supreme Court further directing that if any case relating to matrimonial dispute or any kind of property dispute or any kind of claim or any dispute relating to any kind of criminal liability, including criminal case under Sec.498-A,  I.P.C. against the husband and his family,  is pending between the parties would stand quashed—All allegations in any petition including divorce petition made against each other by the parties to stand expunged from the records and there woul...