DARSHI RAM Vs. KAMAL KANTA

JUDGEMENT

(1.) This appeal is directed against the order of the District Judge, Ambala, passed under Section 12 of the Hindu Marriage Act, 1955 (hereinafter referred to as the Act).

(2.) The petitioner, Smt. Kamal Kanta, applied under Section 12 of the Act for annulment of her marriage and, in the alternative, for judicial separation. The learned District Judge has allowed the application for annulment of the marriage on the ground of cruelty completely ignoring the provisions of Section 12. 'Cruelty' is not a ground on which a marriage can be annulled. The learned counsel for the respondent then sought to justify the order of the District Judge under clause (c) of Section 12(1). So far as that clause is concerned, the finding of the District Judge was that no fraud was practised on the father of the petitioner. It is not the petitioner's case that any fraud was practised on her. It may, however, be mentioned that the evidence led in the case does not proved the ground under Section 12(1)(c). The only ground, on which the marriage has been annulled, as already said, is one of cruelty. And on that, the decision of the learned District Judge is wholly uncalled for and cannot be sustained.

(3.) In this situation, the learned counsel for the respondent urged that the learned District Judge should have examined the alternative case, namely, the case for judicial separation. As that part of the case has not been determined by the learned District Judge, the proper order to pass is to allow this appeal; set aside the order of annulment under Section 12 of the Act and remit the case to the learned District Judge to determine the case under Section 10 of the Act as to whether the petitioner is entitled to judicial separation ? The parties are directed to appear before the learned District Judge on the 27th October, 1969. There will be no order as to costs.