B. PANIGRAHI, J.

( 1 ) IN this appeal, the wife has challenged the legality, validity and propriety of the decree of divorce passed by the learned Judge, Family Court, Cuttack in Civil Proceeding No. 100 of 1994 filed under S. 13 of the Hindu Marriage Act.

( 2 ) THE factual matrix leading to filing of this appeal is as follows :

( 3 ) THE marriage between the appellant and the sole respondent was solemnised on 11-7-1993 according to Hindu "rites and customs. After marriage both the parties lived as husband and wife till 26-9-1993. It is alleged by the respondent that on the 4th night of the marriage, he suspected the appellant was pregnant which was subsequently discovered. He was greatly shocked since prior to the marriage, she had illicit relationship with others. The wife appellant has however strongly denied about the said averment and has pleaded that out of their wed-lock, a male child was born, of course earlier than the normal period of gestation.

( 4 ) MR. Mohanty, learned counsel appearing on behalf of the appellant wife, has submitted that the learned Judge, Family Court has erred factually and legally in coming to the conclusion that the gestation period should be 9