ASHA SRIVASTAVA Vs. R K SRIVASTAVA

JUDGEMENT

(1.) The appellant, Asha Srivastava, was married to R. K. Srivastava on May 2, 1976 according to Hindu rites. On August 24, 1976, the respondent filed a petition under Section 12 (1) of Hindu Marriage Act (for short 'the Act') tor annulment of the marriage by a decree of nullity. This relief was claimed on the allegations that after the marriage the appellant was taken to the respondent's house. Her behaviour was found abnormal not expected of a sane person. She did not respond to the salutations of the relations and kept on gazing and it appeared that she was not mentally sound. After a day or two of the marriage, she broke down the crockery lying in the house and tore the clothes. The marriage was not consummated as she was always cold. On enquiry it was revealed that she was im- potent and mentally disordered and that the consent of the respondent for this marriage had been obtained by playing fraud and making misrepresentation that the appellant was potent and enjoyed perfect health.

(2.) The appellant resisted this application. She denied that the consent of the respondent to the marriage was obtained by fraud or misrepresentation. The respondent and his mother had seen the appellant at the time of the engagement and talked to her for more than two hours and were fully satisfied about her health and mental condition. Her behaviour after the marriage was absolutely normal. She properly responded to the wishes of the relatives and showed respect to the elders and was mentally sound. The respondent had sexual intercourse with her practically daily. The respondent was a drunkard and forced the appellant to drink with him. The respondent had illicit relations with a Sindhi girl and wanted to lodge her in the same house. The respondent was in need of money because of his illicit relations with the Sindhi girl and drinking habits and forced the appellant to bring money from her father but her father could not fulfil the repeated demands of the appellant. For these reasons the respondent treated the appellant with cruelty and resorted to give her beating every now and then. The appellant, besides resisting the claim of the respondent herself prayed for dissolution of the marriage by a decree of divorce under Section 13 (1) of the Act.

(3.) On the pleadings of the parties the following issues were framed by the learned trial court: