URMILA DEVI (SMT ) Vs. RAJINDER SINGH

JUDGEMENT

(1.) This appeal has been preferred against the judgment and decree dated 10.2.1993 rendered by the Additional District Judge, Karnal dismissing the petition for dissolution of marriage filed under Section 13(2)(iv) of the Hindu Marriage Act (hereinafter referred to as the Act) on the ground that the appellant-wife was below 15 years of age at the time of marriage and had repudiated the marriage after attaining the age of 15 years and before the age of 18 years.

(2.) The marriage between the parties took place on 5.3.1988. The petition for dissolution of marriage was filed on 6.1.1992 alleging that the appellant was born on 5.2.1975 and she repudiated the marriage on 4.1.1992. The respondent-husband contested the petition and denied the allegations.

(3.) The appellant-wife appeared as PW-1 and also examined her father Jai Singh as PW-2. The respondent produced Ex.R-1 showing the date of birth of appellant's sister as 23.6.1964 and Ex.R-2 showing the entry of birth of a female child to Jai Singh on 19.1.1970, which was claimed to be related to the appellant. The trial Court held that the appellant was unable to prove that on the date of marriage, she was below 15 years of age and dismissed the petition. Aggrieved thereby this appeal has been preferred.