FAO No. M-47 of 2010 -1- In the High Court of Punjab & Haryana at Chandigarh FAO No. M-47 of 2010 (O&M) Date of decision : 5.2.2010 Dimple Monga ..... Appellant vs Amit Kumar Arora ..... Respondent Coram: Hon'ble Mr. Justice Rajesh Bindal Present: Mr. Brijeshwar Singh Bhalla, Advocate, for the appellant. Mr. N. K. Awasthi, Advocate, for the respondent. Rajesh Bindal J. Challenge in the present appeal is to the judgment of the learned court below whereby petition filed by the appellant under Section 12 of the Hindu Marriage Act, 1955 (for short, “the Act”), for declaration of marriage as nullity and void , was dismissed. The appellant filed petition under Section 12 of the Act before the court below alleging that her marriage performed on 26.2.2009 with the respondent was not performed by customary way. All the ceremonies were not performed. The same was registered also on 27.2.2009 but the fact that the boy who was from USA will go back to USA after marriage was not disclosed and rather she was given the impression that he had come back to India and settle here. The appellant did not want to go to USA. She also alleged therein that her consent was taken in deceitful manner. The marriage, infact, was not even consumated. She prayed that the marriage be declared as nullity as it is in violation of Section 7 of the Act. Upon notice, the respondent appeared before the court below. The case was put up before the Lok Adalat at Moga where the respondent got recorded his statement to the effect that he had no objection if the petition filed by the appellant under Section 12 of the Act is allowed. Still the court below dismissed the same resulting into filing of present appeal before this court. Learned counsel for the appellant submitted that inspite of the fact that after the filing of petition before the court below, the matter was referred to the Lok Adalat where the respondent husband got his statement recorded to the effect that he had no objection if the marriage is declared a nullity and void but still the petition was dismissed. FAO No. M-47 of 2010 -2- Today also the respondent is present in person in Court. He submitted that he has no objection if the petition is allowed and his marriage with appellant Dimple Monga is declared a nullity. Statement to this effect has also been recorded separately. Once the facts stated by the appellant have not been disputed and the marriage has admittedly been not consumated, in my opinion, the appeal filed by the appellant deserves to be allowed. Under the circumstances, it would not be in the interest of any of the parties to continue with this litigation any further. Accordingly, the appeal is allowed and the marriage between the parties is declared nullity. 5.2.2010 ( Rajesh Bindal) vs Judge