I VASANTHA Vs. I SRINIVASA PRASAD

JUDGEMENT

(1.) This appeal under Section 28 of the Hindu Marriage Act (hereinafter referred to as 'the Act'), arises out of O.P.No. 29 of 1991 on the file of the Subordinate Judge, Nellore. The respondent herein filed the O.P. under Section 12 of the Act praying for annulment of marriage by a decree of nullity on the ground that the respondent-wife was at the time of marriage ' pregnant through some other person. The decree was granted by the learned Subordinate Judge by his judgment dated 3-10-1993. Hence this appeal by the wife.

(2.) The marriage between the petitioner and the respondent took place on 18-2-1991 at a place near Madras. The respondent is a Government employee working in the Collectorate at Nellore. The case of the respondent-husband is that from the very first day of their marriage, the petitioner was preventing him to have sexual intercourse stating that she was having stomach pain. Both of them went to appellant's house on 23-2-1991 and thereafter went on tour and returned to Nellore on 26-2-1991. Even during their stay at the parents' house and thereafter, the respondent submits that she was not allowing consummation of the marriage as she was complaining of continuous abdominal pain. In the deposition, the husband stated that he noticed some abnormality in the stomach of the appellant and questioned her about the same on 19-2-1991. The husband states in the petition that she was sent to a Doctor through her relation working as a Nurse (P.W. 2) on 7-3-1991. The doctor, by name B. Krishnaveni who was examined as P.W. 3 came to the conclusion on the basis of clinical diagnosis that she was pregnant. To confirm her finding, the respondent submits that his wife was sent to Aravind Ultrasound Diagnostic Centre for scanning on 7-3-1991. On the basis of the report, P.W. 3 found that she was having pregnancy of about five months. According to the respondent, the appellant confessed to P.W. 2 that she had sexual relations with some other person before her marriage and requested P.W. 2 not to reveal this matter to others. On 13-3-1991, the respondent states that the appellant left his house along with her brother. It was only thereafter, according to the respondent, he came to know about the actual facts.

(3.) The wife denied almost all the facts stated by the respondent. According to her, there was consummation of marriage. She claims to have gone to Tirumala on 7-3-1991 after the 16th day function and returned to Nellore late in the night on that day. The wife alleged that the respondent wanted to extract more money apart from Rs. 50,000/- and 20 sovereign! of gold, which was gifted by her father at the time of marriage. She states that on 23-2-1991, the respondent's mother and sisters demanded more money and that her father paid further sum of Rs. 15,000/-. She denied having left the house on 13-3-1991. According to her, she was living with her husband till 18-3-1991. She alleges that on 10-4-1991, Dr. B. Krishnaveni P.W. 3, came to their house at the instance of P.W. 2 who was her close friend and caused illegal termination of pregnancy. She denied the version of the husband that she was taken to P.W. 3 on 7-3-1991 by P.W. 2 and after examining her, she was sent to the Aravind Ultrasound Diagnostic Centre for scanning.