PAWAN KUMAR Vs. MUKESH KUMARI

JUDGEMENT

(1.) This Civil Misc. Appeal is directed by the husband Pawan Kumar against the respondent Smt. Mukesh Kumari against the order dated 15-12-1999 whereby the application of divorce filed u/S. 12(1)(d) of the Hindu Marriage Act for declaring the marriage to be null and void has been rejected by the Additional District Judge, Bayana (Bharatpur).

(2.) The facts are that the marriage between the parties had taken place in accordance with the Hindu rites on 3-6-1990 and after two days of the marriage, the respondent wife left for her parent house. It is the allegation that after 41/2 months of the marriage on 19-11-1990, a male child was born to the respondent and, therefore, the appellant alleged that at the time of marriage the respondent was pregnant from some other person with whom she must have had the sexual relations. On being asked of the fact, the respondent is said to have admitted that she was pregnant at the time of marriage from some other person but she refused to tell the name. The petition was filed on the ground that the marriage had been effected with fraud knowingly well that the respondent was pregnant at the time of marriage with 41/2 months pregnancy and had this fact been made known to the appellant husband, he would not have married such lady and that the husband and his family had been let down in the society. The families of both the parties had met and discussed this issue. It is stated that the mistake was accepted and also apology was tendered in writing. The parents of the respondent took away the respondent along with newly born child, jewellery and all other cloths etc. on 22-11-1990 i.e. after three days of the birth of the child and eversince neither the parties nor the families had any relation. It was further alleged that because of such conduct of the respondent the appellant had suffered the mental agony, social humiliation which is still continuing.

(3.) The allegations as stated were denied in toto. On the pleadings of the parties, as many as seven issues were framed. The first issue related to the factum of marriage on 30-6-1990. The second issue related to the birth of the child on 19-11-1990. The third issue related to the fact whether the marriage had been performed by fraud. The 4th issue related to the fact whether the respondent and her father had given in writing on 22-11-1990 and taken away the respondent and the child and the material and other articles. The 5th issue related whether the respondent is staying separately from the appellant since 22-11-1990. The 6th issue related to the fact whether the mental agony and social humiliation has been caused and still continued to the appellant.