Judgment

RAGHUBAR DAYAL, J. : (For himself and N. Rajagopala Ayyanger J.) This appeal, on a certificate granted by the Bombay High Court, arises out of a petition praying for the annulment of the petitioner-appellant s marriage with the respondent,, under S. 12 of the Hindu Marriage Act, 1955 (Act XXV of 1955), hereinafter called the Act, on the ground that the respondent was, at the time of marriage, pregnant by some person other than the petitioner.

2. The facts leading to the proceedings are that the appellant and the respondent were betrothed sometime in June-July 1945 and were married on March 10, 1947. The appellant went abroad about the end of April 1947. A daughter was born to the respondent on August 27, 1947. The appellant returned to India sometime in November 1947, but the parties did not live together therefter.

3. The appellant instituted a suit, No. 34 of 1947-48, in the Court of the State of Baroda, at Baroda, for the declaration of nullity of the marriage. The suit was, however, dismissed on September 30, 1949 as the appellant failed to establish that he had his domicile in that State.

4. The Act came into force on May 18, 1955. The appellant took advantage of its pro