OM PRAKASH Vs. MADHU ALIAS LAXMI

JUDGEMENT

(1.) This appeal has been filed by the appellant husband feeling aggrieved against the rejection of his divorce petition.

(2.) Case of the appellant in the divorce petition was that the marriage between the parties was solemnized when they were minor. The respondent wife had come to the place of the appellant only for 2-3 days and then it was decided that it will be after the parties get major that ceremony of 'gona' will be performed. It was also the case of the appellant that marriage has not been consummated between the parties. The appellant stated that when the parties became major, the appellant went to bring the respondent-wife to matrimonial home but he was refused. The appellant went again after 15 days but he was refused the company of the respondent even to the extent that the respondent refused the company of the appellant saying that she does not even remember that marriage was ever solemnized between the parties, now she has become major and she will decide about her future and she does not accept the marriage as allegedly solemnized.

(3.) The appellant also asserted that in the month of Feb., 1988 a notice was sent to the respondent to carry out her conjugal obligations. Yet another notice was sent to her in May, 1988. Both these notices are Ex. 1 and Ex. 4 on record respectively. These notices were received back by the appellant unserved. The case of the appellant in this regard was that the respondent has deliberately avoided receipt of those notices as she had no faith in the institution of marriage. The manner in which notices have been returned show that she was not even prepared to accept a communication from the appellant without any justifiable reason and this shows that the respondent wants to avoid the appellants and there is a predominant element of animus deserendi on the face of record.