MAHENDRA MANILAL NANAVATI Vs. SUSHILA MAHENDRA NANAVATI

JUDGEMENT

(1.) THE following Judgements of the court were delivered by

(2.) THIS appeal, on a certificate granted by the Bombay High court, arises out of a petition praying for the annulment of the petitioner-appellant's marriage with the respondent, under s. 12 of the Hindu Marriage Act, 1955 (Act XXV of 1955), hereinafter called the Act, on the ground that the respondent was, at the time of marriage, pregnant by some person other than the petitioner.

(3.) THE respondent, in her written statement, raised various defences. She admitted therein to have conceived the baby prior to the marriage, but alleged that she had conceived as a result of sex relations with the petitioner after their betrothal, on being assured by him that that was permissible in their community. She further stated that her relations-in-law, viz., her father-in-law, mother-in-law and sister-in-law knew about such relations between the parties and about her having conceived prior to the marriage. She further alleged that she' flatly refused to carry out abortion and that therefore, at the instance of the appellant, the marriage was performed in Bombay and not at her parents' place. She denied that the child born to her was by any person other than the appellant.