MOHINDER KAUR Vs. BIKKAR SINGH

JUDGEMENT

(1.) This is an appeal against the judgment and decree of the Additional District Judge, Ludhiana, dated June 5, 1978, granting a decree of annulment of the marriage in favour of Bikkar Singh, petitioner.

(2.) Briefly, the facts are that the petitioner was married to the respondent on June 19, 1977. It is alleged that prior to the marriage he was shown a girl who was good looking and literate but when after the marriage the respondent came to the house of the petitioner, his mother and he on seeing her found that she was a different girl than the one shown to him. It is further stated that she was illiterate lady having small stature. and grey hair and was aged about 40 years. He further averred that his consent for the marriage with the respondent was obtained by fraud and consequently the marriage was not binding upon him. It is also alleged that she was suffering from a venereal disease at the time of marriage and he also contacted it after intercourse with her. He consequently prayed for a decree for annulment of the marriage under S. 12 of the Hindu Marriage Act (hereinafter referred to as the Act).

(3.) The application was contested by the respondent wherein she denied that any fraud was played upon the petitioner. She further said that she stayed with the petitioner for about 20 days, Thereafter, it is said, he started demanding Rs. 5,000/- and a motorcycle from her parents, and when they, could not meet the demand he turned her out. Later, her. Parents approached the petitioner but he refused to keep her unless her father paid Rs. 5,000/- and gave a motorcycle. On the pleadings of the parties the following issues were framed by the trial Court:--