MAYARAM Vs. GITABAI

JUDGEMENT

(1.) This appeal is by the defendant against the judgment and decree dated May 1, 1985, in Civil Suit No. 19-A of 1985 of the Court of Third Addl. Judge to the Court of District Judge, Chhinrtwara, whereby the respondent's suit under Sec. 13(2)(iv) of the Hindu Marriage Act, 1955 (hereinafter referred to as the Act'), was decreed. The appellant- husband aggrieved by the said judgment and decree has filed the present appeal.

(2.) The parties belong to the Pawar community and were married during their minority. Even after the respondent attained the age of puberty, she did not go to the house of the appellant. According to the custom, there has to be Gavana ceremony when the bride is sent to the husband's house. That ceremony never took place. She pleaded that after attaining the age of puberty, namely, 15 years, she repudiated the marriage and on that ground, she sought divorce. Initially the suit was based on the ground of desertion. It was by amendment that ground under Sec. 13(2)(iv) of the Act was added.

(3.) The appellant denied the plaint case and submitted that he was ready and willing to accept the respondent as his wife, but her parents did not send her according to Gavana ceremony. He also denied that the respondent ever repudiated the marriage on attaining the age of 15 years and before completing the age of 18 years.