MAYA RAM Vs. KAMLA DEVI

JUDGEMENT

(1.) THE appellant/husband filed a petition under Section 12 read with section 12 (2) (b) (i) of the Hindu Marriage Act, 1955 (hereinafter referred to as the Act) seeking decree for annulment of marriage between him and the respondent/wife.

(2.) THE main ground raised in the petition was that a female child was born to the respondent/wife within 6 months after the marriage after the normal period of pregnancy and therefore, according to the husband, it was apparent that the wife was pregnant at the time of marriage from some other person and this fact was not disclosed to him. The respondent/wife contested the case mainly on the ground that the child which was born was a premature child and according to her, the child was born from the loins of the husband. The learned District Judge rejected the petition filed by the husband mainly on the ground that in view of section 112 of the Indian Evidence Act the paternity of the child could not be called in question.

(3.) THE Court below came to the conclusion that the husband/petitioner has failed to prove that the wife/respondent was pregnant at the time of the marriage and was carrying some other person's child and also came to the conclusion that the husband had failed to prove that he had no access to the wife at the time when the child was begotten. Hence the present appeal.