G.N.Prasad, J.

1. This is an appeal under Sec.28 of the Hindu Marriage Act, 1955 (hereinafter to be referred to as the Act). The appellant is the plaintiff whose petition for dissolution of her marriage with the respondent has been dismissed by the learned Additional District Judge of Saran.

2. The petition was founded on the ground of fraud within the meaning of Clause (c) of Sub-section (1) of Sec.12 of the Act, which is in the following terms:-

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"12 (1) Any marriage solemnized, whether before or after the commencement of this Act, shall be voidable and may be annulled by a decree of nullity on any of the following grounds, namely:-

- X X X X X

(c) that the consent of the petitioner, or where the consent of the guardian in marriage of the petitioner is required under Sec. 5, the consent of such guardian was obtained by force or fraud;"

3. The petitioner was admittedly a little above 18 years of age at the time of the impugned marriage which took place in May, 1959. Therefore, in order to succeed in the present proceeding the petitioner had to prove that her marriage with the respondent had been solemnized by procuring her consent to the marriage by fraud.

4. The case of