BRIJ MOHAN Vs. POOJA ALIAS SAROJ RANI

JUDGEMENT

(1.) This appeal has been filed against the judgment and decree dated 27.3.1991, passed by the District Judge, Ludhiana, dismissing the petition of the husband filed under Section 12 of the Hindu Marriage Act (hereinafter referred to as 'the Act'), for annulment of the marriage. The petition for annulment was filed on the ground that the respondent-wife was pRegulation nt at the time of marriage from some person other than the appellant- husband. The parties were married with each other at Ludhiana on 27.1.1989 and the wife, admittedly, left for her parents' house the next day. The parties, according to the averments made in the petition, lived together as husband and wife upto 29.1.1989. Thereafter, they also lived together for some time. In the month of February 1989 it was discovered by the appellant, according to his case that his wife's belly was bulging out and she vomitted profusely. This gave rise to a suspicion in the mind of the appellant. The allegations made in the petition were stoutly denied. After trial, it was found that the allegations of the husband were not proved. I have gone through the entire judgment of the learned District Judge and the evidence on record and hasten to observe that no trustworthy medical evidence has been produced in support of the allegations.

(2.) At this stage, the respondent-wife has put in appearance and submitted before me that in view of the serious false allegations made by the appellant, it would not be possible for her to live with him. She has submitted that she is prepared to have a divorce from her husband if he withdraws the allegations made in the petition. She has further submitted that the appellant, in fact, agreed to withdraw the allegations in the end of June, 1996 and agreed to pay her a sum of Rs. 50,000/- by way of permanent alimony. A draft in the sum of Rs. 50,000/- has been handed over to the wife by the appellant today in Court which has been accepted by the wife. The husband accompanied by his counsel has agreed to withdraw the allegations made by him against the respondent. The allegations made in the petition would, therefore, be deemed to have been withdrawn. However, in view of the fact that the wife herself does not want to live with the husband, it appears to me that the present being the case of broken marriage and I am of the view that a good case for divorce is made out. Consequently, the appeal is allowed, but not on the allegations contained in the petition for annulment of marriage but for the reasons recorded above. The marriage between the parties is dissolved by a decree of divorce. Decree sheet be prepared accordingly.