JUDGMENT

SEN, J. :— The short point involved in this appeal by special leave from a judgment of the Allahabad High Court, is whether the Court of the District Judge, Almora had jurisdiction to entertain the Petition for nullity of marriage filed by the respondent under Section 12 of the Hindu Marriage Act 1955 (hereinafter referred to as the Act).

2. To bring out the point, it is necessary to state a few facts. It appears that the parties originally belonged to village Bagyan, District Pithoragarh, in the State of Uttar Pradesh. The appellants case is that they fell in love and she became enceinte, as the respondent had access to her during the period of courtship. Her case is that she wanted to marry the respondent, but her father was opposed to the alliance as her elder brother and sister were unmarried. She was therefore brought in an advanced stage of pregnancy to Delhi and through the intervention of her uncle Basant Kumar, the marriage was solemnised on Jan. 24, 1976 according to Arya Samaj rites at the Arya Samaj Mandir, Hanuman Road, New Delhi. Three days after the marriage. i.e. on January 27, 1976, the respondent left the residence of Basant Kumar on the pretext that he h