SANAT KUMAR AGARWAL Vs. NANDINI AGARWAL

JUDGEMENT

(1.) This first appeal is filed under Sec. 28 of the Hindu Marriage Act, 1955 (hereinafter referred to as the 'Act') by the husband against the judgment dated 22.9.84 passed by the First Additional District Judge, Durg whereby the suit filed by him for annulling the marriage, has been dismissed.

(2.) Short facts leading to this appeal are as under :

(3.) The respondent/wife while denying the averments of the plaint stated that she is not guilty of committing matrimonial offences like cruelty and desertion, as alleged by the appellant/husband against her. On the other hand, she, by giving specific description, stated that she was very much co- operating with the appellant and his entire family, but due to an unfortunate event that her brother had filed a suit for divorce on 15-1-82 against his wife, i.e. sister of the appellant, the appellant as a counter blast, has filed the present suit for divorce against her on flimsy grounds which do not constitute any matrimonial offence, i.e., either cruelty or desertion.