G.C. Mital, J. - (1.) On 7.3.1981, Smt. Bateri Devi filed a petition for dissolution of marriage under section 13 of the Hindu Marriage Act, 1955 (herein referred to as the Act) against her husband Ram Nath on the pela that they were married in 1976 but they did not have sexual intercourse during the period of her short stay in the house of her husband. At the time of marriage, the wife was 14 years of age whereas the age of her husband was 45 years. Since she was 14 years of age at the time of marriage, she repudiated the marriage after attaining the age of 15 years on 15.11.1978. in a Panchayat before she completed the age of 18 years. The petition was contested by the husband. About the averments contained in the divorce petition in para 5 with regard to the wife's age being 14 years and the i husband's age being 45 years, due to which the wife could not reconcile for marital intercourse, the reply of the husband is as follows "Para 5 of the petition is wrong and incorrect. It is specifically denied that the petitioner is suffering from T-B the petitioner at the time of marriage was about 20 years age."
(2.) On the contest of the parties, follows issues were framed 1. Whether the petitioner is entitled to a decree of divorce by by dissolution of marriage on the grounds specified in paragraphs 5 and 6 of the petition ? OPP. 2. Relief.
(3.) After evidence was led, the trial Court by order dated 28.1.1982, dismissed the petition for divorce after recording a finding that the wife failed to prove that she was below 15 years of age at the time of marriage and that she repudiated the same as alleged. This is wife's appeal in this court.;