SOM DUTT Vs. RAJ KUMARI

JUDGEMENT

(1.) A short stay together and long continuing litigation thereafter is what marks the marriage here. It was a marriage conceived in fraud compounded by grave doubts with regard to the wife's mental condition.

(2.) Challenged in appeal now is the wholly untenable denial of the decree for annulment of marriage as sought by the husband under S.12 of the Hindu Marriage Act, 1955.

(3.) It stands established from the evidence on record that the wife was older in age than her husband. The husband - Som Dutt - was under 26 years of age at the time of the marriage which took place on May 3, 1980 as his date of birth was Oct. 13,1954. The wife - Smt.Raj Kumari - on the other hand, admits to her date of birth being Oct. 19,1951, that is, three years older than her husband, but it is pertinent to note that her date of birth, as recorded in her Matriculation Certificate was Oct. 19, 1947 which would make her seven years older than her husband. She, no doubt, stated that her age, as given in the Punjab University Gazette, namely, Oct. 19, 1947 was wrong, but there is no material on record to suggest that any effort was made to get this date corrected if indeed there was any error in it.