P.C. Pathak, J. - (1.)The wife has filed this appeal under Sec. 28 of the Hindu Marriage Act, 1955, against whom a decree has been passed under Sec. 12(1)(d) of the Hindu Marriage Act, 1955 on the ground that at the time of marriage, she was pregnant by some person, other than the respondent.
(2.)The facts relevant for decision of the appeal are that the wife is a resident of Borda while husband is a resident of village Kanvan. They were married at Badnawar on 21-5-81. Thereafter she went to the husband's house. On or about 3-6-81, the wife returned to her parent's house. She was again brought back to the marital home on 4-6-81 and continuously lived with the husband till 2-7-81 according to the husband, and according to wife till 25-8-81. Looking to the condition of her abdomen, a suspicion arose as to her pregnancy. On inquiry the wife is said to have answered that it was on account of knots in her abdomen. She was therefore taken for medical check up on 2-7-81 to a gynacologist Miss Gopalan P.W.1, who opined that the wife was carrying pregnancy of seven months. At the time of her examination, wife's father and husband's parents were also present. Wife went to her father's house along with him, and thereafter she never returned. On 10-11-81, the husband sent a notice which was replied by the wife on 18-11-81. According to him the fact that she was carrying pregnancy, through some-one also was never disclosed to him, which came to his knowledge only on 2-7-81 after medical examination. He therefore prayed for annulment of the marriage by a decree of nullity.
(3.)The wife submitted the reply in which she denied the allegations of pregnancy and the alleged fraud. She also denied to have made any statement that she was having knots in her abdomen. According to her, before her marriage, the parents of the husband had seen her several time and after marriage, by the female members of his house. Had there been any pregnancy, it could not have escaped the notice of the husband and her family members. The reason for this concocted story is that she is obese and black, and therefore, he is interested in going for a second marriage.