(1.) THE decision of this appeal by a Hindu wife, sm. Rani Bala Debnath, turns on a correct answer to the question formulated below: when Ram Krishna Debnath, also a Hindu and now respondent, marries rani Bala, now appellant, believing her to be a chaste virgin, and afterwards finds her to be a girl deflower'd, if that, may such marriage, duly solemnized, be annulled by a decree of nullity under section 12, subsection 1, clause (c) of the Hindu Marriage Act 25 of 1955 ?
(2.) THE trial judge answers the question in the affirmative and annuls the marriage by a decree of nullity, on the petition dated January 13, 1965, to that end by the husband Ram krishna. Hence this appeal by Rani Bala.
(3.) THE Hindu Marriage Act 25 of 1955 came into force on May 18, 1955. And the relevant section, just mentioned, reads, in so far as it is material here : 12. Voidable marriages. (1) Any marriage solemnized, whether before or after the commencement of this Act, shall be voidable and may be annulled by a decree of nullity on any of the following grounds : * * * (c) that the consent of the petitioner. . . . was obtained by. . . . . fraud.
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