Gurnam Singh, J. - (1.) Mst. Suman alias Maya Kaur filed petition under Sec. 13(2) (iv) of the Hindu Marriage Act, 1955 against her husband Karan Singh and prayed for the dissolution of her marriage with him (Karan Singh) by a decree of divorce. It was alleged by Mst. Suman that at the time of her marriage with Karan Singh, she was below the age of 15 years and that before attaining the age of 18 years, she has repudiated the marriage Along with the petition an affidavit of Mst. Suman was also attached which is to the effect that her marriage with Karan Singh was solemnized on 22-2-1970 at village Tharu and that after attaining the age of 15 years, she has repudiated the marriage.
(2.) Karan Singh, in his written statement, admitted that his marriage was performed on 22-2-1970. He further pleaded that at the time of marriage, Mst. Suman was minor but the marriage was solemnized with the content of her parents. He also made certain allegations against the parents of the petitioner. The petitioner filed the replication denying the allegations made by the respondent against her parents. The following issues were framed:- 1. Whether the petitioner is entitled to obtain a decree of divorce on the ground mentioned in the application ? 2. Relief. The trial Court held that at the time of the marriage between the parties, the petitioner-appellant was below the age of 15 years but dismissed her petition holding that the factum of repudiation is not proved.
(3.) The case of the petitioner-appellant is that at the time of marriage. she stayed for 2 days with the respondent and that no muklawa ceremony was performed. On the other hand the plea taken up by the respondent is that the muklawa ceremony was performed and that the Petitioner-appellant had been living with him at his house. The marriage whether consummated or not, if it is solemnized before the wife has attained the age of 15 years, entitles the wife to repudiate the same after attaining the age of 15 years but before attaining the age of 18 years. The trial Court, dismissed the petition merely on the ground that the Petitioner had not appeared in the Court to say that she had repudiated the marriage.;