ASHISH GOYAL Vs. KALPANA GOYAL

JUDGEMENT

(1.) The instant appeal has been filed by the plaintiff/husband against the impugned judgment and decree dated 31-1-2011 passed by the Judge, Family Court, Ambikapur in Civil Suit No. 04-A/2010 (Ashish Goyal Vs. Kalpana Goyal), dismissing the suit/petition filed by the husband under Section 12 (1) (b) of the Hindu Marriage Act, 1955 for a decree of nullity of the marriage.

(2.) The brief facts of the case are that the marriage of the parties to the suit was solemnized on 2-5-2009 according to Hindu customs at Ambikapur. According to the plaintiff/husband, he was not having the knowledge that the defendant/wife was suffering from mental disorder, therefore, he asked his father-in-law, who denied about any kind of mental disorder of his daughter then the plaintiff took the defendant/ wife to a consultant Psychiatrics Dr. Prakash Narayan at Raipur. On medical examination of the defendant/wife it was discovered that her treatment was going on since a long time and she was taking medicines of heavy doze. Earlier to that the parents of the defendant/wife got her medical treatment at Ranchi from the Dr. Borde who had prescribed the heavy doze drugs of 7.5 mg. Such a medicine is normally prescribed by the doctors to the patients who are suffering from mental disorder. The defendant/wife was also examined by the Dr. Borde on 28-8-2009. As the marriage was solemnized by suppressing the mental condition of the defendant/wife therefore, the marriage itself is void and it is a nullity and therefore the plaintiff/husband filed the suit/petition for grant of a decree of nullity of the marriage. On the other hand the defendant/wife denied the plaint allegations.

(3.) We have heard learned Counsel appearing for the parties perused the papers available on record and have gone through the relevant provisions of law.