SMT. SHAKUNTLA Vs. RAJBIR

JUDGEMENT

(1.) THE marriage between the parties was solemnised on April 4, 1985. The husband Rajbir, filed the petition for the grant of the decree of divorce under Section 13 of the Hindu Marriage Act, (hereinafter called the Act) on May 16, 1986. Out of this wedlock, a child was born on September 30. 1985, who died after about 14 days. It was alleged by the husband that he suspected the virginity of the wife and that the same was pointed out to her on which she became annoyed and left his house. Thereafter, she never visited the matrimonial home. He also made enquiries and came to the conclusion that she was of bad character and that she was living in adultery. It was further alleged that the wife gave birth to a male child on September 30. 1985, in the Haryana Maternity Home, Charkhi Dadri and that it died after 14 days. The wife or her parents never gave any information regarding the birth of the child or his death. According to him. the wife had deserted him since April 10, 1985. In the written statement, it was pleaded inter alia that in the month of September, 1985, she fell down from the Pairkala (staircase) resulting into severe bleeding and ultimately a premature baby was born who died She denied that her parents had not given any information to the husband She stated that the husband had himself got her admitted to the hospital. In fact, she further pleaded that the husband was not satisfied with her and that she was always subjected to torture and taunts on account of inadequate dowry. The husband had leveled false and baseless allegations in order to harass her parents. She denied that she had left the matrimonial home. According to her, rather it was she who had been driven out of the home by snatching her ornaments and clothes On the pleadings of the parties, the trial Court framed the following issues:

(2.) RELIEF

(3.) ADMITTEDLY , the petition was filed by the husband under Section 12 of the Act, for getting the marriage annulled Clause (b) of Sub -section (2) of Section 12 of the Act inter alia provides that on the grounds specified in Clause (d) of Sub -section (1) of Section 12, the proceedings could be instituted within one year from the date of the marriage. In the present case since the petition was filed after more than one year of the marriage, the same could not be annulled under Section 12 of the Act.