JUDGMENT :- This is a defendant s second appeal arising out of the judgment and decree dated 13th October, 1976 passed by the Additional District Judge, Dehra Dun.

2. The facts giving rise to this appeal can briefly be stated as under :

Smt. Gurbachan Kaur and Sardar Swaran Singh, hereinafter called the appellant and the respondent respectively, were married on 2nd of October, 1973. Some differences having arisen between them, the respondent filed a suit under Section 12 of the Hindu Marriage Act for a declaration that his marriage with the appellant was null and void. It was alleged in the plaint that on 14th of October, 1973, when the appellant was found profusely bleeding from her private part, she was shown to a lady doctor and it was then discovered that the appellant was already having pregnancy with a treat of miscarriage. On being questioned the appellant confessed that she was quick with child and had taken medicine to get rid of the pregancy. The respondent, it is alleged, therefore sent the appellant back to her father s house, but on 25th of March, 1974, the appellant was escorted back to his house by her mother and left there. It is further alleged that when the responde

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