R LAKSHAMI NARAYAN Vs. SANTHI

JUDGEMENT

(1.) On analysis of the case of the parties and the contentions raised by learned counsel on their behalf, the question that arises for determination is whether the appellant has established a case for declaring the marriage null and void under Section 12(1)(b) read with Section 5(ii) of the Hindu Marriage Act, 1955

(2.) The appellant is the husband of the respondent. They were married according to Hindu rites and rituals on 1-11-1987. It is relevant to note here that it was an arranged marriage and the decision was taken after the appellant had met the respondent and talked with her. After staying together for about 25 days the couple parted company. Thereafter the appellant husband filed a petition under Section 5(ii) read with Section 12(1)(b) on 12-2-1988 seeking a declaration that the marriage is null and void as the respondent suffers from chronic and incurable mental disorder and is not in fit mental State to lead a married life. In support of his case the appellant alleged inter alia that on the night of the marriage he found respondent to be drowsy; she refused to have cohabitation; on being questioned by him she said that she has been suffering from mental disorder since her childhood; she did not want to have any marriage relationship, but under pressure from her parents the marriage with the appellant was performed. The appellant further alleged that when father of the respondent was informed about her physical and mental condition he disclosed that his daughter has been under treatment for some mental disease and gave the prescription given by the doctor. The appellant pleaded that he and his father made attempts for curing the respondent of the ailment suffered by her but such attempts proved futile. Under such compelling circumstances he filed the petition seeking the declaration that the marriage was null and void.

(3.) Respondent in her written statement refuted the allegations made in the petition/plaint. She denied that she suffered from any mental disorder, far less of a chronic and incurable nature. She also denied that she had no cohabitation with her husband or that she had expressed that she was not interested in leading married life. She asserted that immediately after the marriage she and her husband lead a happy married life; they went to different places and visited temples. She also asserted that she has all along been ready and willing to lead a normal marital life with the appellant; but the appellant is interested in having a second marriage so that he may get more dowry. According to the respondent the reason for which she has not been able to lead a normal family life is on account of refusal of the appellant to share the marital relationship with her.