INDIRA Vs. BALBIR SINGH

JUDGEMENT

(1.) THIS appeal arises out of the judgment dated 25. 5. 1995 declining divorce to the appellant-wife under Section 13 (2) (iv) of the Hindu Marriage Act, 1955.

(2.) THE appellant (hereinafter referred to as the petitioner) claimed divorce, inter alia, contending that she was 8 years old when she was married to the respondent. On attaining the age of 15 years and before completing 18 years she repudiated the marriage. The respondent-husband disputed the factum of repudiation as well as the age of the petitioner.

(3.) LEARNED Counsel for the appellant vehemently argued, in view of the admitted facts viz. the petitioner was born on 20. 3. 1975 and was married on 21. 6. 1984 at the age of 8 years 8 months; petition for divorce being filed on 16. 7. 1990 and decree for divorce being declined on 28. 5. 1993, it cannot be held that there was no valid repudiation of marriage. It was urged that Section 13 (2) (iv) of the Hindu Marriage Act, 1955 envisages the repudiation of marriage by a spouse if the same was solemnised before attaining the age of 15 years. Petitioner in this case did repudiate the marriage after attaining that age but before attaining the age of 18 years. This special right was conferred under the Act on a girl who has been married before the age of 15 years. No particular form for repudiation of marriage has been provided. Hindu Marriage Act, being a social legislation with wide spectrum of consequences on human lives should be construed liberally.