GOPAL Vs. SMT. NIRMALA

JUDGEMENT

(1.) This is an appeal filed by the appellant-husband against the judgment and decree dated June 28, 1986 passed by the District Judge, Mandsaur in Case No. 47/84 under Hindu Marriage Act, whereby the ld. District Judge has granted a decree for divorce in favour of the respondent-wife on the ground mentioned in Clause (iv) of Sec. 13 (2) of the Hindu Marriage Act, 1955 (hereinafter referred to as the 'Act').

(2.) The undisputed facts of the case are that the appellant and the respondent belong to Hindu community and they were married at Mandsaur according to Hindu rites about 8 years prior to filing of the petition for divorce by the respondent. The respondent, after her marriage lived with the appellant for four years and thereafter, she left him and has been living with her father. According to the petition for divorce filed by the respondent, she was only 12 years of age at the time of her marriage and that because of ill-treatment given to her by the husband-appellant, she, after attaining the age of 15 years and before completing 18 years of age has repudiated the marriage about four years before filing the petition for divorce.

(3.) The instant petition for divorce was filed by the respondent on 29.10.1984. As such, according to her averment she was married in the year 1976 when she was 12 years of age and she repudiated her marriage in the year 1980 when she was 16 years of age. Thus as per averments made in the petition, the requirement of grounds for a decree of divorce as mentioned in the relevant Clause (iv) of Sec. 13(2) of the Act-are fulfilled, since the said clause reads as under:-