GANGABAI Vs. HARI

JUDGEMENT

(1.) APPELLANT/defendant has filed this appeal under Section 28 of the Hindu Marriage Act against the judgment and decree dated 13-8-97 in Civil Suit No. 16-A/90 passed by the learned District Judge, Mandleshwar.

(2.) ADMITTED facts of the case are that the marriage in between the appellant and the respondent was solemnized in the year 1978 at Mandleshwar. It is also not in dispute that the defendant has filed the Case No. 9/89 against the petitioner 125 Cr. PC for her maintenance.

(3.) THE case of the petitioner is that at the time of his marriage his age was 17 years and the age of the defendant was only 13 years. That their marriage was not legal and proper, because at that time they were minor and "sapatpadi" and other rites have not taken place at the time of marriage. The petitioner has further alleged that few days after the marriage the defendant has left the matrimonial house and she was started living with her brother at Village Gogaona and she is doing the business of selling fruits. That the defendant has refused to resume the relations in spite of repeated efforts by the appellant/defendant. It is further alleged by the petitioner that the defendant is a lady of lose character and she is having illicit sexual relations with other persons. It is further alleged that the defendant is living separately from last 15 years and she has foresaken the matrimonial relations with the petitioner. The petitioner has prayed for dissolution of the marriage on the ground of desertion and cruelty and it is further prayed that the marriage of the appellant/defendant be declared void as it was performed when both were minors.