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1978 Supreme(MP) 154

C.P.SEN, B.C.VERMA
NANDKISHORE SHALIGRAM VYAS – Appellant
Versus
MUNN1BAI NANDKISHORE VYAS – Respondent


Advocates Appeared:
S.D.Mukerjee, Y.S.Dharmadhikari,

JUDGMENT :

( 1. ) APPELLANT Nandkishore (husband) has preferred this appeal under section 28 of the Hindu Marriage Act, 1955 (hereinafter called the Act) dismissing his petition for a decree of nullity under section 12 (1) (d)of the Act.

( 2. ) THE marriage between the parties was solemnized on 2-5-1975 at village Bara, tahsil Banda, district Sagar, according to Vaidicrites. The bida ceremony took place on 3-5-1975 and they came back to Bina at the appellants place on 4-5-1975. However, according to the prevailing custom, they immediately did not enter the appellants house, but for sometime stayed in the house of a neighbour, Smt. Rajkunwarbai (P. W. 3 ). It a pears from the statement of the appellant that they shared the bed for sometime and the marriage was thus consummated. The respondent (wife)lived with the appellant at Bina until middle of June, 1975. Thereafter, she left her matrimonial home and started living with her parents.

( 3. ) THE appellant alleges that the respondent was at the time of the marriage pregnant by some person other than the appellant himself. Although aware of this fact, she wilfully concealed it so that the marriage could be performed. The appellant plead






















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