A. K. Srivastava, J.

( 1 ) THIS appeal has been filed against the judgment and order dated 30. 11. 1994 passed by Shri S. N. Chopra, Additional Sessions Judge, New Delhi in HMA Nq. 584/88, Sharad Duttv. Smt. Kiran. By the impugned order, the petition of the appellant for getting his marriage with the respondent annulled by a decree of nullity under Section 11 of the Hindu Marriage Act (for short the Act ) has been dismissed on merits. It was found to suffer from laches as well. The alternative prayer of the appellant for getting divorce on the grounds of cruelty and desertion has also been negatived by the learned Trial Court.

( 2 ) DURING the course of argument, in appeal, learned Counsel for appellant gave up the ground of desertion for seeking divorce and relied only on the main prayer in the petition for annulment of marriage under Section 11 of the Act and in the alternative for divorce under Section 13 of the Act on the grounds of cruelty only.

( 3 ) IT order to appreciate the issues involved in this appeal, it would be pertinent to state the facts of the case inbrief. The parties to this appeal got married on 9. 12. 1984. Appellant s mother is sister of respondent s father.

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