petition filed by the petitioner no. 1 under
Section 12 of the HMA seeking a decree of nullity of the marriage
solemnized between the petitioner ... their marriage was annulled by a decree of
nullity under Section 12 of the HMA.
h. Thereafter, the petitioner no. 1, in anticipation
income and property status is
fraud within the meaning of Section 12 of HMA. In the case in
hand, it is admitted fact that ... 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
petition barred under section 12 (2) (a) (ii) of the HMA?
28. Section 12 (2)(a) of the HMA reads: -
(2) Notwithstanding anything contained ... exception if the
specific conditions spelt out in sub-section (2) of Section
12 are satisfied. An analysis of this provision relevant to
clause
whereby the application
filed by the appellant/husband under Section 12(1)(c) of HMA has been
Signature Not Verified
Signed by: REENA JOSEPH
Signing ... concerning the respondent; or"
12. From perusal of the sub clause (c) of Section 12(1) of HMA it
is apparent that when consent
appellant withdrew her petition under Section 9 of the
HMA, being HMA No. 2138/2023, on 04.03.2025, with liberty in the
following terms ... file another petition under
Section 9 of the HMA, being HMA No. 274/2025. She also filed an
application under Section 10 of the Family
reference was made under Section 11 of Hindu Marriage Act, 1955
(for short, 'HMA') but contents of Section 12 of HMA were also ... appears that even though petition was
filed mentioning Section 11 of HMA, but contents of Section 12 were also
pleaded. In such circumstances, permission
husband of the complainant has filed a petition under Section
12(1)(c) of the HMA on 28/02/2012 for annulment of marriage ... filing of petition by the applicant
No.1 under Section 12(1)(c) of HMA is concerned, it also in the facts and
circumstances
Appellant sought for both annulment of the marriage under
Section 12(1)(a) of the HMA on the ground of non-consummation,
and alternatively, dissolution ... cruelty under Section 13(1)(ia) of the said
Act.
6. The Appellant invoked Section 12(1)(a) of the HMA
seeking annulment
Respondent then preferred a petition u/s.12 of the
Hindu Marriage Act, 1956 (‘HMA’) r/w. Section 7 of the Family
Courts
Petition No.
A-943 of 2014 before the Family Court, Nagpur under
Section 13 of the Hindu Marriage Act, 19551 seeking
grant of divorce ... Section 6 of
the Family Courts Act, 19842 read with Section 34 of
the Specific Relief Act, 1963 and Section 12 of the
HMA seeking