Karnataka High Court
Smt Sharadha R vs Sri Bharath K S on 9 March, 2023
Bench: Alok Aradhe, Vijaykumar A Patil
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MFA No.7538 of 2013
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 9TH DAY OF MARCH, 2023
PRESENT
THE HON'BLE MR. JUSTICE ALOK ARADHE
AND
THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL
MISCELLANEOUS FIRST APPEAL NO.7538 OF 2013 (FC)
BETWEEN:
Digitally
signed by 1. SMT. SHARADHA .R
RUPA V
D/O RAVINDRANATH .V
Location: High
Court of AGED ABOUT 21 YEARS
Karnataka NO.55, TOYAL PLACID
ARLUR, BANGALORE-34.
...APPELLANT
(BY SRI. S. SHIVA PRASAD, ADV.,)
AND:
1. SRI. BHARATH K.S.
AGED ABOUT 24 YEARS
S/O LATE BALAM SRINIVAS SETTY
NO. 500, 2ND BLOCK
3RD PHASE, RAMMANDIR
TEMPLE ROAD, BSK 3RD STAGE
KATHRIGUPPE, BANGALORE-85.
...RESPONDENT
(V/O DTD:27.10.2022 NOTICE TO RESPONDENT
IS DISPENSED WITH)
THIS MFA IS FILED U/S 19(1) OF THE FAMILY COURTS
ACT, AGAINST THE JUDGMENT AND DECREE
DATED:29.07.2013 PASSED IN M.C.NO.3572/2012 ON THE
FILE OF THE V ADDITIONAL PRINCIPAL JUDGE, FAMILY
COURT, BANGALORE, DISMISSING THE PETITION FILED U/S
12(c) OF THE HINDU MARRIAGE ACT, FOR NULLITY OF
MARRIAGE.
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MFA No.7538 of 2013
THIS APPEAL COMING ON FOR FINAL HEARING, THIS
DAY, ALOK ARADHE J., DELIVERED THE FOLLOWING:
JUDGMENT
This petition under Section 19 of the Family Courts
Act, 1984 has been filed against the judgment dated
29.07.2013 passed by the family court, by which the
petition filed by the appellant under Section 12(1)(c) of
the Hindu Marriage Act, 1955 (hereinafter referred to as
'the Act' for short) seeking a decree of nullity of marriage
has been dismissed.
2. Facts giving rise to filing of this appeal briefly
stated are that the appellant and the respondent were
students of Carmel School, Padmanabhanagar,
Bangalore and are known to each other.
3. The appellant filed a petition on or about
24.11.2012 inter alia on the ground that when her
parents had gone out for Europe tour, the respondent
obtained her consent by playing fraud and coercion and
issued a threat to her. The respondent thereafter got
MFA No.7538 of 2013
registered the marriage between the appellant and
respondent on 09.11.2010 before the Sub-Registrar,
Indiranagar, it was pleaded that respondent had created
fraud lease deed ,marriage invitation card and has
forged the signature of the parents of the appellant as
well. It was pleaded that no marriage took place between
the parties on 05.11.2010 at Subramanya Layout, Old
Transport Road, Bangalore. It was averred that in the
month of March 2012, the respondent went to the house
of the appellant and demanded the appellant be allowed
to stay with the respondent as she is his wife. The
petition was filed on or about 24.11.2012 seeking a
declaration that the marriage performed between the
parties is null and void as the consent of the appellant
was obtained by playing fraud as well as coercion.
4. A notice of the proceedings was served on the
respondent. The respondent evaded to receive the
notice. Thereafter, he as served by a paper publication.
MFA No.7538 of 2013
However, despite service of notice by paper publication,
the respondent remained absent and was proceeded
exparte.
5. The appellant examined herself and exhibited
10 documents viz., Ex.P1 to Ex.P10. The family court
however, vide judgment dated 29.06.2013 has
dismissed the petition preferred by the appellant.
Hence, this appeal.
6. None has appeared for the parties even when
the matter was called twice. Therefore, we have perused
the record.
7. Section 12 of the Act deals with voidable
marriage Section 12(1)(c) provides that any marriage
solemnized before or after commencement of the Act
shall be voidable and may be annulled by a decree of
divorce on the ground that the consent of the petitioner
was obtained by the force or by fraud as to the nature of
ceremony or as to any material fact or circumstances
MFA No.7538 of 2013
concerning the respondent. Section 12(1)(c) and Section
12(2)(a)(i) of the Act read as under;
12(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:--
(c) that the consent of the
petitioner, or where the consent of the
guardian in marriage of the
petitioner 13 [was required under
section 5 as it stood immediately
before the commencement of the Child
Marriage Restraint (Amendment) Act,
1978 (2 of 1978)*], the consent of such
guardian was obtained by force 14 [or
by fraud as to the nature of the
ceremony or as to any material fact or
circumstance concerning the
respondent]; or
MFA No.7538 of 2013
12(2) Notwithstanding anything
contained in sub-section (1), no petition
for annulling a marriage--
(a) on the ground specified in
clause (c) of sub-section (1) shall be
entertained if--
(i) the petition is presented more
than one year after the force had
ceased to operate or, as the case may
be, the fraud had been discovered;
Thus, from conjoint reading of the provisions, it is
evident that in case, consent of a party to the marriage
has either been obtained by playing fraud or coercion,
the petition has to be filed within a period of one year on
the date of which the fraud has been discovered.
8. In the instant case, as per the averments
made in the petition, the marriage ceremony between
the parties was performed on 05.11.2010. The parties
have studied together in a school and were known to
each other. The aforesaid marriage has been got
MFA No.7538 of 2013
registered before the Sub-Registrar Indiranagar,
Bangalore on 09.11.2010. The appellant therefore,
ought to have presented a petition on or before
09.11.2010 as mandated under Section 12(2)(a)(i) of the
Act. However, the petition has been filed on 24.11.2012
alleging that the threat and coercion or threat was used
by the respondent for the marriage. The aforesaid
petition was clearly barred under Section 12(2)(a)(i) of
the Act. The family court therefore, has rightly declined
to entertain the petition.
For the aforementioned reasons, we do not find
any merit in this appeal. The same fails and is hereby
dismissed.
Sd/-
JUDGE
Sd/-
JUDGE
SS
