GAYATRI BAI Vs. PRADEEP KUMAR CHOURASIA

JUDGEMENT

(1.) WIFE being aggrieved by the judgment and decree dated 4. 4. 1994 passed by the Second Addition District Judge, Mandle in Civil Suit No. 5-A/92 whereby on the application filed by husband-respondent, he has annulled the marriage performed between the parties, has preferred this appeal under Section 28 of the Hindu Marriage Act.

(2.) ADMITTED facts of the case are that the marriage between the parties took place on 13. 6. 1987 according to the Hindu rites. After the marriage wife remained with the husband and his family members for about three months. During her stay the husband on the first night after the marriage as also on subsequent days tried to have sexual intercourse with his wit, but she had unbearable pains. She had cyst in her vagina leading to formation of nodule and she was examined by specialist Doctor Swamy, Dr. Rama Shrivastava and Dr. Rita Shrivastava.

(3.) ACCORDING to the husband after the marriage on 13. 6. 1987 he brought his wife to his place and in the first night because of the obstruction in the vagina and of her impotency, he did not had intercourse with his wife. According to the husband, during her stay she did not had period and she is impotent. She was examined by Dr. Smt. Pandit and Dr. Ku. Rama Shrivastava the Gynecologists on 7. 11. 1987 and 25. 11. 1987and from their examination it came to the light that his wife has no uterus and the size of the vagina is small. According to the husband, he had no option than to pray for annullment of the marriage by a decree of nulity.