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Impugned Judgement Family Court HMA ISSUE IN HAND:

2. By way of the Impugned Judgment, the learned Family Court has annulled the marriage between the parties under Section 12(1)(c) of the HMA, and accordingly issued a decree to that effect. The primary terms on which the learned Family Court has deemed it necessary to annul the marriage are: -

(ii) The proceedings under Section 12(1)(c) of the HMA seeking annulment of marriage is belated/barred by limitation, insofar as, at least on the date of the complaint filed by the Respondent in the C.A.W. Cell, Prashant Vihar, Delhi, on 27.01.2016, which culminated in the registration of an FIR and from the said FIR No. 0401/2016 dated 12.05.20164, it is evident that there existed some doubt in the mind of the Respondent, as regards the Appellant being previously married. He would thus submit that the filing of the annulment petition on 21.08.2017 is belated.

42. I have considered the foregoing submissions. In the case of Anurag Anand Vs. Sunita Anand (Supra) relied by the petitioner, the Hon'ble Delhi High Court observed that where matrimonial alliances are made through exchange of bio-datas, it becomes necessary for the parties to give correct bio-datas and to ensure that it does not contain inflated or false information. The court held that falsity about the monthly income and property status is fraud within the meaning of Section 12 of HMA. In the case in hand, it is admitted fact that the petitioner is a highly qualified girl 1997 AD (Delhi) 37, F.A.O. No. 74 of 1996.

who has stayed in USA for about a decade prior to her marriage. The income of the prospective husband is a material fact for such a girl to decide whether to go for an alliance with the person or not. The matrimonial profile of the respondent clearly mentions his income as USD 200k. The respondent admitted in his cross- examination that at the time of the marriage, his income was 120k- 130k USD. Meaning thereby that matrimonial profile was projecting an inflated figure of the income of the respondent. In given facts and circumstances, the misrepresentation about the income amounts to fraud within the meaning of Section 12 of HMA. The petitioner is entitled to a decree of nullity on this score as well."