ASHOK KUMAR Vs. SUNITA DEVI

JUDGEMENT

(1.) THIS appeal under section 34 of the Jammu and Kashmir Hindu Marriage Act 1980 has been filed by the husband against the judgment and decree dated 29 -09 -98 passed by the Additional District Judge (Matrimonial Cases), Jammu, who has dismissed his petition for annulment of his marriage with the respondent.

(2.) THE marriage of the parties, it is admitted was solemnized on 21 -06 -1991 and both lived together in the matrimonial house until she gave birth to a male child on 16 -01 -1992. Since the child was born within seven months from the date of their marriage, the appellant applied for annulment of the marriage on the solitary ground that respondent was pregnant by some person other than the petitioner.

(3.) THE petition has been dismissed holding that (i) the respondent was pregnant by the appellant and (ii) marital intercourse had taken place between the parties after the discovery by the petitioner of the existence of the said ground.