RABINDRA PRASAD Vs. SITA DEVI

JUDGEMENT

(1.) This appeal arises out of a suit for divorce under S.13 of the Hindu Marriage Act, 1955 (hereinafter to be referred to as 'the Act'). The divorce is at the instance of the husband. Divorce has been refused. Hence this appeal has been preferred under S.28 of the said Act. The marriage admittedly was solemnised on 27-4-1977.

(2.) Four grounds were taken in support of suit for dissolution of marriage, namely, (a) on the date of the marriage the bridegroom did not complete the age of 18 years. He was only 17 years 5 months. The marriage, therefore, was solemnised in contravention of S. 5(iii) of the Act. (b) on 3rd of May, 1977 the marriage was dissolved by mutual consent, (c) The consent of the bridegroom and/or of the guardian was obtained by practising fraud; hence vitiated under S.12(1)(c) of the Act. The fact that the bride was suffering from physical infirmity i.e. she had no right breast was suppressed, (d) the bride was leading an adulterous life and, therefore, the marriage be dissolved under S.13(1) of the Act.

(3.) It may be stated at the outset that the paramours with whom the bride is stated to have immoral connections have not been impleaded as co-respondents in the suit.