Flg. Officer Rajiv Gakhar Vs. Ms. Bhavana @ Sahar Wasif
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Head Note
The Hindu Marriage Act, 1955 - Section 5 , Section 12
Suit filed by the appellant - Dissolution of marriage solemnized with the respondent at Arya Samaj Mandir on the ground that he was deceived and cheated by the respondent by suppressing the fact that she was a Muslim and her previous marriage had taken place according to Muslim Law after her conversion to Islam and had two children out of the said wedlock - Trial Court, declared the marriage between the parties to the petition a nullity - High Court set aside the judgment and decree passed by the Trial Court - Appeal - Both the parties got married as per Hindu rites and ceremonies - Evidence of RW2, RW4 and RW6 clearly show that the respondent-wife before the marriage with the appellant became a full-fledged Hindu by performing Shudhikaran ceremonies in the manner and being followed by Hindu custom and all these material facts were known to the appellant at the time of the marriage - Respondent-wife established her claim that on the date of marriage with the appellant she was a Hindu and the same is permissible under Section 5 of the Act - Appeal dismissed.
Topic(s)-Dissolution of marriage