SMT REETA JHA vs SH MUKUND KUMAR JHA

Judgment text excerpt

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment reserved on: 19.08.2025 Judgment delivered on: 27.08.2025 + MAT.APP.(F.C.) 49/2025 and CM APPL. 7144/2025 SMT REETA JHA .....Appellant Through: Mr. Sanjeev Kumar, Adv. versus SH MUKUND KUMAR JHA .....Respondent Through: Mr. Adarsh Varma and Ms. Swati Kumar, Advs. CORAM: HON'BLE MR. JUSTICE ANIL KSHETARPAL HON'BLE MR. JUSTICE HARISH VAIDYANATHAN SHANKAR % JUDGEMENT HARISH VAIDYANATHAN SHANKAR J. 1. The present appeal under Section 19(1)(4) of the Family Courts Act, 1984 read with Section 151 of the Code of Civil Procedure, 1908, is preferred against the Judgment and Decree dated 05.11.20241 by which the learned Principal Judge, Family Courts, Tis Hazari Courts (West), Delhi 2 , has declared the marriage as between the parties herein as null and void under Section 12(1)(c) of the Hindu Marriage Act, 19553. 1 Impugned Judgement. 2 District Judge. 3 Act. Signature Not Verified Digitally Signed By:HARVINDER KAUR BHATIA MAT.APP.(F.C.) 49/2025 Page 1 of 22 Signing Date:29.08.2025 12:31:11 2. The solitary challenge in this Appeal, as urged on behalf of the Appellant, is that the provisions of Section 12(1)(c) of the Act are not applicable to the present case. Learned counsel for the Appellant submits that there was no concealment of any material fact at the time of marriage. It is argued that the Appellant herself was unaware of her medical condition, namely, the absence of a uterus, and therefore, in the absence of such knowledge, the question of deliberate concealment does not arise. 3. We have heard the submissions advanced by the learned counsel for the Appellant as well as the Respondent, and have also perused with care the detailed judgment rendered by the learned District Judge. For the sake of convenience, we consi