RAJESH KUMAR SHARMA Vs. DROPATI DEVI

JUDGEMENT

(1.) Heard the parties.

(2.) This Miscellaneous Appeal has been filed for setting aside the judgment and order dated 21.08.2016 passed by Principal Judge, Family Court, Siwan in Divorce Case No. 36 of 2003 rejecting the application of petitioner-appellant under Section 13 of Hindu Marriage Act, 1955.

(3.) As per divorce petition, marriage between petitioner-appellant and opposite party-respondent was solemnized as per Hindu rites and customs on 10.07.2000 and, thereafter, Gauna was performed on 30.04.2003 and the bride (respondent) came to her matrimonial home on 01.05.2003 when it was observed by the family members of some unusual growth in her abdomen creating doubt that she was pregnant. It is alleged in the divorce petition that petitioner had no physical relation with opposite party-wife from the date of marriage till her Gauna and that she has been made pregnant by some other person. It is alleged that the opposite party had indulged in adultery. It has further been alleged that opposite party was examined by a doctor on 22.06.2003, who opined that opposite party was carrying a pregnancy of 16 weeks 2 days.