BADRIBAI Vs. UMRAO SINGH KHATI

JUDGEMENT

(1.) This appeal is directed against the judgment and decree dated 1-12-1983 passed by the District Judge, Rajgarh (Biora) in Civil Suit No. 29-A of 1982 whereby the appellant's petition under Sec. 13 (2) (iv) of the Hindu Marriage, Act, 1955 (hereinafter referred to as 'the Act') for dissolution or marriage by a decree of divorce has been dismissed.

(2.) It is not in controversy that the appellant and the respondent were united in wedlock when the former had not attained the age of 15 years. On 4-9-1982, when she presented the petition under Sec. 13 (2) (iv) of the Act, she had not attained the age of 18 years. It may be pointed out that a marriage solemnized in contravention of the provisions as to age is neither void or voidable as hold in the decision in Gindhan and others Vs. Balraj (1976 JLJ 97) .

(3.) The only point for consideration in this appeal is whether on the material on record the appellant is entitled to the decree as played for.