LUXMI DEVI Vs. AJIT SINGH

JUDGEMENT

(1.) APPELLANT -Luxmi Devi has preferred this appeal against the judgment and decree of the Trial Court delivered in Hindu Marriage Act Case No. 1 of 1987 decided on 13. 8. 1987 by Mr. Baru Ram Gupta, Additional District Judge (I), Rohtak.

(2.) THE petitioner's case in the lower Court was that she was married with the respondent-husband according to Hindu rites in May, 1978. At that time, she was aged only ten years. Her marriage is voidable. She went only thrice to her matrimonial home in village Dubaldhan Kirman. On each occasion, the respondent levelled false allegations against her that she is a woman of loose character. He maltreated her and thus, behaved cruelly towards her. She told the respondent several times to get the marriage declared voidable and not cause physical and mental torture to her, but he always declined. Hence on these grounds, she filed a petition for dissolution of marriage under Section 13 of the Hindu Marriage Act (hereinafter referred to as the Act ).

(3.) TRIAL Court famed three issues. The appellant examined herself and her mother. The respondent examined himself and his neighbour. On a minute scanning of the parties evidence, the Trial Court came to the conclusion that the appellant has failed to prove the alleged ground of cruelty. The Trial Court further held that the point of her age has no effect in terms of Section 13 (2) (iv) of the Act because after attaining the age of fifteen years and before attaining the age of eighteen years, she has not repudiated her marriage with the respondent. On these findings, the petition was dismissed.