SAVITRI BAI Vs. SITA RAM

JUDGEMENT

(1.) This appeal under Sec. 28 of the Hindu Marriage Act, 1955 has been preferred by the wife/appellant, aggrieved by the judgment and decree dated 15-9-1980, passed by the District Judge, Gwalior.

(2.) Parties are Hindus married at Laskar on 23-9-1961. Wife/applicant filed an application for divorce from the respondent husband, on the ground that she was below 15 years of age, when married. but before she became 18 years of age, she repudiated her marriage and hence, a decree for divorce be granted under Sec. 13(2) (iv) of the Hindu Marriage Act 1955 (hereinafter referred as Act). Respondent/husband, no doubt, denied and contested the prayer. Trial Court answered the relevant issues in favour of the respondent husband and dismissed the application of the appellant, with costs.

(3.) The case of the appellant in the petition was that her date of birth is 23-1-1961 and she was married on 21-4-1975, hence she was of merely 14 years 11 months and 8 days of age, on the date of marriage. After 4 years 5 months and 4 days, she filed this application on 25-9-1979. According to her pleading, she did not accept this marriage and repudiated it on 20-9-1979 when she was just below 18 years of age.