M JANAKI Vs. K VAIRAMUTHU

JUDGEMENT

(1.) This Civil Miscellaneous Appeal is preferred against the rejection of a petition moved by the appellant, seeking relief under Section 13(1)(i-a) of Hindu Marriage Act, 1955.

(2.) The petitioner informed of being the wife of respondent, they having married on 02.06.1995, their being the parents of 2 children and of the respondent picking up vices and treating her cruelly. On such contentions, she sought dissolution of her marriage.

(3.) In passing the order under challenge, the Court below has observed that the Aadhar Card of the petitioner informed her year of birth as 1979 and since the date of marriage was informed to be 02.06.1995, the petitioner, on such date, would have been a minor, aged 16 years. It further noted that neither the marriage invitation nor photograph has been filed and that there is no evidence to show the person in the photograph produced, was the petitioner's husband. Referring to settlement dated 29.06.2009, the Court below informed that the same informed the belief of the settlor that the settlee would reside with him and attend to his needs throughout his life time. On such reasoning, the Court below thought it fit to reject the petition, giving rise to this Civil Miscellaneous Appeal.