AJAY RASTOGI,J. - (1.) The present misc. appeal is directed against the judgment and decree dated 29.08.2016 rejecting application filed by the appellant-wife under section 13(2)(iv) of the Hindu Marriage Act, 1955 and the only clog to her claim was that she has repudiated her marriage after attaining the age of 18 years, hence is entitled for decree of divorce.
(2.) The claim of the appellant-wife is that she has repudiated the marriage solemnized before attainment of 15 years of age, after attaining that age but before attaining the age of 18 years but these facts have not been taken into consideration, despite specifically pleaded by the appellant before the ld.Family Court, under the judgment and decree dated 29.08.2016 in Case No.55/2016, which is the subject matter of appeal.
(3.) Indisputed facts which have been recorded by the ld.Family Court are that the appellant was 14 years of age at the time of her marriage solemnized with the respondent on 16.02.2010 according to the Hindu rites and customs. In fact, the appellant along with her elder sister Sunita got married with two real brothers i.e. the marriage of her sister Sunita was solemnized with Rajulal, the elder brother of the respondent, and the present appellant's marriage was solemnized with the respondent-Bhagwan Sahay, who is younger brother of Rajulal. It has been specifically pleaded by the appellant in her application seeking divorce/repudiation of her marriage that she had through-out stayed with her parents and not even once visited to her matrimonial home and their marriage was never consummated and immediately after attaining the age of majority, express notice was sent for repudiation of marriage on 09.09.2015 and thereafter the divorce petition came to be filed on 05.10.2015.;