RAMA KANTA Vs. MOHINDER LAXMIDAS BHANDULA

JUDGEMENT

(1.) The appellant wife has assailed the judgment and decree dated 5-10-1991 passed in H. M. Case No. 67 of 1988.

(2.) Uncontroverted facts of the case are that the appellant was married to the respondent on 6-5-1987 at Akola. The respondent is a resident of Akola, while the appellant was residing at Ludhiana along with her family members. In this wedlock she gave birth to a son on 28-2-1988. Since 8-6-1988 they are living separately. The respondent served a notice Exhibit P. 43 on her to which she replied.

(3.) The factual matrix of the case is that the respondent filed a divorce petition against the appellant on 6-6-1988 at Akola for annulment of marriage on the ground of fraud and in the alternative for a decree for divorce on the ground of cruelty. In a nut shell the petitioner's case was that before his marriage, the appellant's brother Harish Kundan Lal Hora came to Akola to settle the marriage. After initial talks the respondent and his family members were invited to come to Ludhiana to approve the appellant. Thereafter in November, 1986 the respondent and his elder brother came to Ludhiana. They approved the appellant. It was agreed that the marriage will be performed at Akola and at that very time Roka ceremony was performed. In February 1987 engagement was done. Finally on 6-5-1987 they were tied together in the marital tie. On the first nuptial night, he found some scar on her abdomen. On being enquired, he was told by the appellant that many years ago she was operated for apendis. When she was in the family way, he took her to Dr. Asha (PW 5) who also finding the same scar on her abdomen enquired about it. The appellant declined to give any answer. Dr. Asha made queries through the respondent from the appellant's brothers and sisters. Letters were exchanged, telegrams were sent, but they were only informed that she was operated for faborid tumor.