SHARAD DUTT Vs. KIRAN

JUDGEMENT

(1.) This appeal has been filed against the judgment and order dated 30.11.1994 passed by Shri S.N.Chopra, Additional Sessions Judge, New Delhi in HMA Nq. 584/88, Sharad Duttv. Smt.Kiran. By the impugned order, the petition of the appellant for getting his marriage with the respondent annulled by a decree of nullity under Section 11 of the Hindu Marriage Act (for short 'the Act') has been dismissed on merits. It was found to suffer from laches as well. The alternative prayer of the appellant for getting divorce on the grounds of cruelty and desertion has also been negatived by the learned Trial Court.

(2.) During the course of argument, in appeal, learned Counsel for appellant gave up the ground of desertion for seeking divorce and relied only on the main prayer in the petition for annulment of marriage under Section 11 of the Act and in the alternative for divorce under Section 13 of the Act on the grounds of cruelty only.

(3.) It order to appreciate the issues involved in this appeal, it would be pertinent to state the facts of the case inbrief. The parties to this appeal got married on 9.12.1984. Appellant's mother is sister of respondent's father. They are thus, admittedly, first cousins within the definition of "prohibited degrees of relationship" given in Clause (g) of Section 3 of the Act. The fore-fathers of the parties were residing in District Jhang (now in Pakistan) which had a population of Hindus, Muslims besides other communities. Among the Hindus, there were Brahmins, called Panch-Jatia Brahmins consisting of five sub-castes, namely, Jaitely, Trikhas, Mohlas, Jhingan and Kumarias. The appellant is Jhingan and the respondent was Jaitley before marriage. After marriage, the appellant and the respondent lived as husband and wife in appellant's house for some time and the respondent, admittedly, left the matrimonial home on 24.6.1985. Since then the parties have never lived together and consequently did not discharge their martial obligations to each other.As isapparent,disputes arose between thepartiesbetween9.12.1984 and24.6.1985.Effortsinvain are alleged tohave been made for amicable settlement in the interest of both the parties. The respondent approached the Indian Women Welfare Association by her letter dated 26.6.1986. On 3.4.1987 an out of Court agreement reached between the parties (admittedly signed by the respondent) in the following terms: