KALAWATI Vs. DEVI RAM

JUDGEMENT

(1.) This appeal arises out of a petition filed by the appellant under Ss. 10 and 12 of the Hindu Marriage Act, 1955. The appellant was married to the respondent about eight years prior to the filing of the petition. At that time she was minor and was given in marriage by her brother who was also then a minor. The allegations were that ever since the marriage the respondent had been ill- treating and belabouring the appellant, that for more than two years prior to the filing of the petition he had deserted her and since then she had been living at her father's house.

(2.) The factum of marriage was not denied by the respondent. It was, however, repudiated that he was cruel to the appellant or had deserted her. The appellant, it was alleged, had of her own accord left his house in March, 1958, and had refused to return to his house, although repeated efforts were made by him to persuade her to come back.

(3.) The learned Senior Subordinate Judge recorded a finding against the appellant on the questions of desertion and maltreatment. Although he did not doubt the correctness of the appellant's allegation that both she and her brother were minors at the time of her marriage he held that the appellant was not under law entitled to avoid her marriage and that in any case there was undue delay in the filing of the petition for obtaining a decree of nullity.