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1989 Supreme(MP) 135

P.C.PATHAK
RAJESHWARI – Appellant
Versus
JUGAL KISHORE GUPTA – Respondent


Advocates Appeared:
P.Rusia, R.P.JAIN

P. C. PATHAK, J.

( 1 ) THE defendant/wife has filed this appeal against rejection of her application under R. 13 of O. IX of the Code of Civil Procedure.

( 2 ) THE respondent/ husband filed a petition on 10-12-1982 under S. 12 (1) (b) and (c) for annulling the marriage by a decree of nullity alternatively under S. 13 (1) (b) of the Hindu Marriage Act, 1955 (hereinafter in short 'the Act') to dissolve the marriage by a decree of divorce on the allegations that the parties were married on 1-3-1978 according to Hindu rites and customs. Thereafter, the defendant lived with the plaintiff until 20-3-1978 whereafter she returned, along with her brother, to her parents house. Thereafter, she was again brought to matrimonial home on 7-5-1978 and lived with him till 12-8-1978. During her stay with the plaintiff, he discovered that she was suffering for the last about five years from epilepsy. The marriage was thus in contravention of S. 5 (ii) (c) of the Act viodable under S. 12 (1) (b) of the Act. On 14-3-1979, the plaintiff also recovered a letter containing objectionable and obscene words addressed to the defendant. On enquiry, the defendant declined to explain the possession of that lette





























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