SUSHIL Vs. PRIYANKA

JUDGEMENT

(1.) This appeal is directed against the judgment and decree dtd. 1/2/2017 passed by the Family Court, Hisar by which the marriage of the appellant with the respondent was dissolved in terms of the provisions of Sec. 13(2)(iv) of the Hindu Marriage Act, 1955 [for short 'the Act'].

(2.) In brief, the respondent filed a petition under Sec. 13(2)(iv) of the Act alleging that her marriage was solemnized with the appellant on 27/3/2008 at Village Budha Khera, Sub Tehsil Uklana, District Hisar as per Hindu rites and ceremonies. The marriage of her elder brother Sunder was also solemnized on same day with the elder sister of appellant, namely, Manju. However, it is alleged that she was 13 years of age at the time of her marriage as she was born on 2/5/1995 as per the school record. The muklawa was held in the month of July 2011 but the respondent refused to join the company of the appellant on the ground that she was just 13 years of age at the time of her marriage and was unaware of the ultimate import of her marriage. She had thus filed the petition for annulling the marriage on the ground that it was solemnized before the age of 15 years and repudiated the marriage before attaining the age of 18 years.

(3.) In the reply, the appellant had denied that the respondent was 13 years of age at the time of her marriage rather it was alleged that she had attained the age of majority. It is also denied that she had repudiated her marriage rather it is alleged that brother of the respondent, namely, Sunder had thrown the sister of the appellant, namely, Manju, out of the matrimonial home on the issue of dowry and the respondent had also left the matrimonial home without any rhyme and reasons.