CHANDER MOHAN Vs. NEELAM KUMARI ALIAS URMIL KUMARI

JUDGEMENT

(1.) The parties were married way back on 11.12.1981 at Ambala City. On. 22.3.1985 the husband filed a petition under section 12 of the Hindu Marriage Act 1955 (hereinafter referred to as the Act) for annulment of the marriage on the ground that the wife was not fit for proceration of children and he came to know about it on her medical examination and this fact was known to the parents of the wife and they did not disclose the same before the solemnisation of the marriage. Since during her stay with the husband the wife did not become pregnant and when he was of the firm belief that the wife will not be able to procreate children, he stated that he had been defrauded by her parents. He also vaugely stated that the behaviour of the wife was not good and then there is mention about the threat to involve him in criminal cases. This petition was subsequently amended to a petition under sections 12 and 13 of the Act, i.e., for annulment of the marriage or in the alternative for dissolution of the marriage by a decree of divorce. In the amended petition the following additional facts were stated :-

(2.) The wife contested the petition and denied the allegation that she was not able to procreate children. Her case was that, may be, there was some defect in the husband. In addition, she pleaded that her behaviour to wards her husband and his family members was throughout good but they were cruel to her as they used to taunt her for bringing inadequate dowry and were pressing her time and again to bring cash for a scooter and fridge and also for the purchase of house regarding which the husband had entered into an agreement to purchase for Rs. 1,17,000/-. When her parents could not fulfil all these demands, an attempt was made by the petitioner and his relations to put her on fire and apprehending danger to her life the wife, in three plain clothes, came to her parent's house on 13.3.1985. When all efforts failed, a case under sections 498-A and 406 of the Indian Penal Code was got registered against the husband and his parents.

(3.) On the contest of the parties, the following issues were framed :-