JAGANNATH Vs. YALLUBAI

JUDGEMENT

(1.) These two appeals arise out of a common judgment and order dt. 3-3-1979, passed by the Civil Judge, Gadag in M.C. No. 15 of 1977 and M.C. No, 14 of 1976 on his file, allowing the petition of the wife for restitution of conjugal rights and dismissing the petition of the husband for dissolution of the marriage.-

(2.) M.C. No. 15 of 1977 was filed by the husband against his wife and another under S, 15 of the Hindu Marriage Act, seeking for a decree for divorce against the wife. M. C. No. 14 of 1976 was filed by the wife against her husband for restitution conjugal rights. Both the petitions were heard together and common evidence was recorded.

(3.) It is not in dispute that the parties were married according to Hindu rites in December 1973 in the house of the bride in Betageri. Soon after marriage, the husband brought the wife to his house and on that very first night, according to the husband, he discovered that his wife was suffering from a contagious disease namely, leucoderma. On coming to know this, the husband refused to consummate the marriage. He took her and left her back in her parents' house. He further averred that he was married to the lady by her parents without disclosing that she was suffering from leucoderma and thus fraud was practised on him. He further averred that he came to know that his wife was leading a life of adultery with respondent-2 in the petition. On these two grounds he sought divorce from his wife.