(1.) THIS appeal under section 28 of the Hindu Marriage Act, 1955 (hereinafter referred to as the 'Act' for short, is directed against the judgment and decree dated 5.10.996, by ADJ Multai, distt Betul, in C.S. No. 23A/93, whereby the application of the petitioner -respondent under section 12 of the 'Act' for annulment of marriage of parties was allowed. Undisputably, the parties are Hindus and were married on 2.6.1993 in accordance with Hindu rites & customs at Village Mangonkalan, Tahsil Multai, distt Betul. The appellant -wife stayed with the respondent - husband upto 31.7.1993. The case of the petitioner -respondent was that his wife the appellant went to her parents' home after about a month i.e. in or about the month of September 1993. After her return, the appellant/wife started complaining of physical discomfort and ailment; upon which she was taken to Pandhar Hospital. On her check up, it was discovered that she was pregnant for about 28 weeks, i.e. from prior to the marriage. Hence, an application under section 12(1 )(d) of the 'Act' for annulment of marriage of the parties, was filed.
(2.) THE appellant -wife resisted the petition. According to the appellant, her husband -the petitioner -respondent wished that the appellant -wife should pursue further studies. He was also dissatisfied with the inadequate dowry given in the marriage of the parties. Hence, the respondent -husband desired that the pregnancy of the appellant -wife be terminated. She has asserted that she was pregnant by three months at the time of her examination at Pandhar hospital, and that she got herself aborted as desired by the respondent -husband.
(3.) LEARNED counsel for the appellant -wife has submitted that the finding as above, is not justified. It has been submitted in the above context that there is no adequate proof to indicate that the appellant -wife was pregnant from prior to her marriage with the respondent -husband.