NANDKISHORE SHALIGRAM VYAS Vs. MUNN1BAI NANDKISHORE VYAS

JUDGEMENT

(1.) APPELLANT Nandkishore (husband) has preferred this appeal under section 28 of the Hindu Marriage Act, 1955 (hereinafter called the Act) dismissing his petition for a decree of nullity under section 12 (1) (d)of the Act.

(2.) THE marriage between the parties was solemnized on 2-5-1975 at village Bara, tahsil Banda, district Sagar, according to Vaidicrites. The bida ceremony took place on 3-5-1975 and they came back to Bina at the appellant's place on 4-5-1975. However, according to the prevailing custom, they immediately did not enter the appellant's house, but for sometime stayed in the house of a neighbour, Smt. Rajkunwarbai (P. W. 3 ). It a pears from the statement of the appellant that they shared the bed for sometime and the marriage was thus consummated. The respondent (wife)lived with the appellant at Bina until middle of June, 1975. Thereafter, she left her matrimonial home and started living with her parents.

(3.) THE appellant alleges that the respondent was at the time of the marriage pregnant by some person other than the appellant himself. Although aware of this fact, she wilfully concealed it so that the marriage could be performed. The appellant pleads that being ignorant of this fact and it was wilfully concealed from him, he consented to the marriage. He alleges that on the respondent's exhibiting signs of pregnancy in the middle of June 1975 that it was revealed to him that she was carrying. He alleges that she was then immediately examined by a doctor who certified that the pregnancy was about 14-16 weeks old. It is the case of the appellant that on 10-6-1975 the respondent voluntarily executed a writing (Ex. P- l)admitting that she had illicit intimacy with one Ramkishore and had conceived from him. On 27-5-1976, he served a notice on the respondent and has filed this petition before the District Judge, Sagar.