JANARDHANA Vs. LALITHA

JUDGEMENT

(1.) This appeal by the husband is directed against the judgment and order dated 31-1-1981 passed by the I Addl. Civil Judge, Mangalore, in MC No. 9/78 on his file, dismissing the petition under Or. 7, R. 11 of the CPC.

(2.) The husband instituted a petition for obtaining a decree that his marriage with the respondent in the petition was a nullity as the respondent was suffering from unsoundness of mind and that the marriage was brought about by practising fraud on him by concealing such fact.

(3.) The case was registered at MC No. 9/78 and notice was served on the respondent. On entering appearance her counsel filed the statement of objection and thereafter the matter was fixed for evidence. It was adjourned from time to time for adducing evidence- On 30 9-1980 the husband's evidence was commenced before learned Civil Judge. It continued on 7-10-1980, 28-10-1980 and 4-11-1980 and it was further adjourned for evidence on 11-8-1980 oil which date the learned Civil Judge stopped further evidence of the petitioner and issued notice to the petitioner why his petition should not be dismissed under Or. 7, R. 11 of the CPC and it was fixed for hearing on 2-12-1980, on which date the counsel appearing for the petitioner husband submitted to the Court that he had no argument to advance since the Court had already made up its mind to reject the petition. Thereupon, the learned Civil Judge proceeded to pass the impugned order on 31-1-1981 rejecting the petition of the husband for a decree of annulment of the marriage. Aggrieved by the said judgment and order, the petitioner-husband has instituted the above appeal before this Court.