SAVITRI DEVI Vs. KAILASH JAT

JUDGEMENT

(1.) Since the claim of the appellant wife that she had repudiated her marriage solemnized before the attainment of 15 years of age, after attaining that age but before attaining the age of 18 years but it was negatived by the Ld. Family Court No.2, Jaipur vide its judgment & decree dt.27.3.2015 in case no.393/2012, she has come in appeal.

(2.) The wife completed her eighteenth year on 10.7.2007 and burden of proof was on her to prove that she had

(3.) In reply to the petition filed by the respondent, factum of respondent's father along with his elder brother coming on 27.8.2006 was not disputed and repudiation of marriage by wife has not been specifically denied by the respondent. Apart from it, in para 9 it was further stated that she repudiated the marriage in 2007 and lastly in para 12 of the petition for divorce it was averred that first time respondent Kailash himself came to her home along with his elder brother Sardar and threatened her mother to take her by force and complaint was registered at her instance on 17.6.2011 and the matter was investigated and after recording the statement of appellant herself and mother Prabhati Devi the I.O. took cognizance u/S.107, 116(3) Cr. P.C. whereupon the respondent and his elder brother furnished bail bonds. Lodging of complaint at the instance of appellant wife was admitted in the written statement in para 12 and further respondent DW1 admits in his statement about lodging of police report and in the written statement filed by the respondent there is no where specific denial of repudiation of marriage by the wife but averred that appellant's family members assured him to send the appellant after completion of her studies but so far repudiation of marriage by the appellant wife as averred in the original petition was no where specifically denied in the written statement of the respondent.