Sec.12 (2) Hindu Marriage Act - Discovery of fraud - Limitation - One Year - condoning & living continuously even after finding out the fraud - No Divorce = The marriage took place on 10.02.2005 and the O.P. was presented within one year from the date of marriage itself. It is only when the O.P. is not filed within one year from the date on which the fraud was discovered or the force ceased to operate, that can be treated as barred. There is another facet of Sub-Section 2. In case the petitioner in O.,P. filed under Section 12(1)(c), with his or her full consent lived with the other party to the marriage after the force, ceased, or the fraud has been discovered, the Court cannot entertain the O.P. In the instant case, even according to the respondent, the fact that the appellant is suffering from psoriasis came to her knowledge in May 2005. Even if her consent is said to have been obtained by fraud, she can maintain the O.P. if only she stopped living with him and filed the O.P. thereafter. The evidence discloses that she lived with the appellant till July, 2005. That disentitles the respondent to maintain the O.P. - 2015 A.P.(2014) MSKLAWREPORTS

Sec.12 (2) Hindu Marriage Act - Discovery of fraud - Limitation - One Year - condoning & living continuously even after finding out the fraud - No Divorce =

 The marriage took place on 10.02.2005 and the O.P.
was presented within one year from the date of marriage itself.  
It is only when
the O.P. is not filed within one year from the date on which the fraud was
discovered or the force ceased to operate, that can be treated as barred.

There is another facet of Sub-Section 2.  In case the petitioner in O.,P. filed
under Section 12(1)(c), with his or her full consent lived with the other party
to the marriage after the force, ceased, or the fraud has been discovered, the
Court cannot entertain the O.P.  
In the instant case, even according to the
respondent, the fact that the appellant is suffering from psoriasis came to her
knowledge in May 2005.  
Even if her consent is said to have been obtained by
fraud, she can maintain the O.P. if only she stopped living with him and filed
the O.P. thereafter.  The evidence discloses that she lived with the appellant
till July, 2005. That disentitles the respondent to maintain the O.P. 

 - 2015 A.P.(2014) MSKLAWREPORTS

Popular posts from this blog

Section 8 of the Hindu Minority and Guardianship Act, 1956 - permission of court for selling minor property by natural guardian- In the present case, though it is stated that the property has been sold for the proper benefit of the minors, their protection, education and marriage,there is nothing on record to suggest that previous permission of the Court was obtained by the natural guardian before transfer by sale in question.-2015 S.C.(2013) MSKLAWREPORTS24

Section 8 of the Hindu Minority and Guardianship Act, 1956 deals with the powers of natural guardian of a Hindu minor and the said section mandates that the natural guardian has power to do all acts which are necessary or reasonable and proper for the benefit of the minor or for the realisation, protection or benefit of the minor's estate, etc. The provision reads as follows: Sec. 8 . Powers of natural guardian.- (1) The natural guardian of a Hindu minor has power, subject to the provisions of this section, to do all acts which are necessary or reasonable and proper for the benefit of the minor or for the realization, protection or benefit of the minor's estate; but the guardian can in no case bind the minor by a personal covenant. (2) The natural guardian shall not, without the previous permission of the court,- (a) mortgage or charge, or transfer by sale, gift, exchange or otherwise any part of the immovable property of the minor; or (b) lease any part of such pro...
Read more

APEX COURT DIGEST 2016 - 1

T.P.Act - Registered sale deed coupled with an agreement of re conveyance - for a transaction to constitute mortgage by conditional sale, it is necessary that the condition is embodied in the document that purports to effect the sale . But not when   Sale Deed dated 14.06.1972 and  Agreement of re conveyance dated 14.06.1972 having been executed on the same day and both ought to be read together and when the Sale Deed was executed only as a security for the loan and it was never the intention of the 1st respondent-plaintiff to convey the suit property. Since 1st respondent- plaintiff has paid back the loan amount i.e. Rs.6,700/- as is evident from the subsequent Agreement dated 05.06.1974, the Courts below rightly recorded the concurrent findings of fact that  Sale Deed is not binding on the 1st respondent-plaintiff. Once repayment was made, the 1st respondent-plaintiff was entitled to the declaration as prayed for no need to ask for  cancellatio...
Read more

ACT: Civil Procedure Code. 1908: Section 64 and Order 21 Rule 57Attachment order--Execution petition or suit in which attachment ordered dismissed--Restoration of such proceed- ings--Whether attachment revived--Alienation of attached property--Whether affected. -An order of restoration of a suit dismissed for default would certainly restore or revive the attachment for the period during which it was in subsistence, namely, prior to the dismissal of the suit or execution application. In the present case both transactions, sale by the judgment-debtor and subsequent sale by the purchaser to the respondents, were effected during the subsistence of the attachment and before the Title Execution Case was dismissed for default. The Division Bench of the High Court was in error in taking the view that by reason of the dismissal of the said Title Execution Case, the attachment came to an end and the order of restoration of the said case would not affect any alienations made before the restoration, although such alienations might have been made during the subsistence of the attachment. -2015 S.C.(1987) msklawreports

The appellant filed a petition for execution of the money decree obtained by her in High Court against the judgment-debtor and attachment was levied in execution on open land and a portion of the premises in question belong- ing to the judgment-debtor. Subsequently, the judgment- debtor sold a portion of the attached property. The purchas- er in turn, sold a portion thereof to the respondents. The aforesaid execution petition was dismissed for default but later on an application by the appellant, the said Execution Case was restored, and the said property was again attached, and a proclamation for sale of the said property was issued under Order 21 Rule 66 of the Code of Civil Procedure. The respondents' petition under Order 21, Rule 58 of C.P.C. for releasing the property purchased by the respondents from attachment was dismissed. The High Court allowed the appeal. In appeal to this Court, it was urged on behalf of the appellant that in vi...
Read more