Amaneswari, J - (1.)This is an appeal from the Judgment of the Principal Subordinate Judge, Visakhaptnam in O. P. No. 184 of 1983 made on 20th November, 1984 granting annulment of the marriage under Section 12 (1) (a) of the Hindu Marriage Act.
(2.)The wife is the appellant. The case in brief is as follows : The parties were married on 28-7-1982 at Hyderabad according to Hindu rites and customs. Soon thereafter, on 30-7-1982, they went to Visakhaptnam the husband's place. There was a wedding reception on 31-7-1982 and on the same night consummation of marriage was arranged. The consummation did not take place. According to the husband, the wife refused stating that the marriage was without her consent and that she has an aversion for sexual life. On 3-8-1982 the parties went to Hyderabad, the place where wife's parents live and stayed for 4 days. Then they went to Kothagudem on the invitation of Sri. P. S. Raju, the wife's cousin on 6-8-1982. From there, all of them went to Tirupathi and thereafter, the couple went to Polamuru to visit the relations of the wife. The husband then left for Visakhaptnam leaving the wife at Polamuru. In the last week of August, 1982, the wife secured a seat in Andhra Medical College at Visakhapatnam. in D. G. O. Course. She joined the College and was living in the house of her uncle K. R. Raju at Visakhapatnam. Thereafter, the husband issued a notice on 25-5-1983. There was no reply by the wife, the husband then filed this petition for annulment of the marriage under section 12 (1) (a) of the HINDU MARRIAGE ACT, 1955.
(3.)The appellant-wife resisted the petition contending that she had no repugnance for the sexual intercourse with the husband, that on the first night they both agreed not to have sex for six months till thy write their entrance examination for Post Graduation Course in Medicine, that she did not join the husband alter admission into the College at Visakhapatanam as it was not an auspicious period.