P.C.PATHAK
Rajeshwari – Appellant
Versus
Jugal Kishore Gupta – Respondent
P.C. Pathak, J. -- 1. The defendant/wife has filed this appeal against rejection of her application under rule 13 of Order IX of the Code of Civil Procedure.
2. The respondent/husband filed a petition on 10.12.1982 under section 12 (1) (b) and (C) for annuling the marriage by a decree of nullity alternatively under section 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 section 5 (ii) (c) of the Act voidable under section 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
1. S.P. Srivastava v. Prem Lata = (AIR 1980 All. 336)
2. Mohanmurari v. Kusumkumari = (1965 JLJ 260
3. Lila Gupta v. Laxmi Narain = (AIR 1978 SC 1351)
4. Tejinder Kaur v. Gurmit Singh = (AIR 1988 SC 839)
6. Chandra Mohini v. Avinash Prasad = (AIR 1967 SC 581)
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