(1.) This appeal by the original respondent-wife is directed against a decree of annulment of her marriage with the present respondent-husband, passed by the learned joint judge, Akola, while setting aside the dismissal of the husband's petition for annulment of marriage under Sec. 12 of the Hindu Marriage Act.
(2.) The appellant was married to the respondent on March 22, 1978 and came to the husband's house in the evening and stayed there for a night. On the next day she left with her brothers for her parents' house. She returned on April 26, 1978 to the respondent's house and continued to be with the elderly ladies in the family till April 30, 1978 when a Satyanarayan Pooja and Vatbharan ceremonies had been performed and the couple had sexual intercourse in the night between 30-4-1978 and 1-5-1978. On Oct. 10, 1978 at about 7 a.m. the appellant complained of labour pain and while the respondent was taking her in a bullock-cart to the hospital, she delivered a male baby in the bullock cart in the village Chohatta. Dr. Shukla who happened to be in the village at that time, examined the appellant and the child and advised that they should be taken to the maternity home of his sister Dr. Miss Shukla at Akola. The appellant and the baby were admitted to Dr. Miss Shukla's maternity home where the part of the placenta which had remained with the baby, was removed.
(3.) The respondent-husband's contention was that the couple had the first sexual intercourse on April 30, 1978 and when he learnt from Dr. Miss Shukla that it was a full-grown baby with the intrauterine life of 9 months, he realised that the wife had been pregnant by another man at the time of the marriage, a fact of which he was ignorant until he came to know about the age of the child and the condition of the child from Dr. Miss Shukla. He had nothing to do with the appellant from 10th Oct. 1978, and sent notices dated 19.10-1978 and 27-10-1978 informing the appellant of the facts. The appellant refused to accept the notice dated 19-10-1978 and the second notice with the same contents was sent on 27-11-1978. He thereafter brought the petition for annulment of the marriage.