SHANTABAI Vs. KRISHNA

JUDGEMENT

(1.) This appeal under Sec. 28 of the Hindu Marriage Act is directed against the judgment and decree dated 11-2-81 passed by the Additional District Judge Khargone in civil suit No. 7A of 1980.

(2.) The facts giving rise to this appeal briefly stated are as follows :

(3.) The trial court held that it was not proved that the appellant was treated with cruelty by the respondent. The trial court further held that the marriage of the appellant with the respondent was solemnised when she was about 12 years of age. The trial court further held that the appellant had not completed the age of 18 years when she served the notice on the respondent repudiating the marriage and when she filed the present petition. However, according to the trial court as the respondent (sic) has completed 17 years of age at the time of the filing of the petition and has entered 18th year of her age the marriage cannot be dissolved under Sec. 13(2)(iv) of the Hindu Marriage Act. The trial court, therefore, dismissed the plaintiff's petition for dissolution of the marriage. Aggrieved by the judgment and decree of the trial court the plaintiff has preferred this appeal.