MAMTA RANI Vs. SUDHIR SHARMA

JUDGEMENT

(1.) VIDE impugned judgment of 14th September, 2010, marriage of appellant with respondent has been declared to be nullity, as the material fact of mental illness of appellant -wife was concealed from respondent - husband. The factual background of this case already stands noticed in the opening paragraphs of the impugned judgment and needs no reiteration.

(2.) SUFFICE it would be to note that the parties were married on 19th April, 2007 but their marriage could not be consummated on the first night due to abnormal behavior of appellant -wife and within few months it became known that appellant -wife was suffering from mental disorder i.e. bipolar disorder alongwith seizures since the year 1998 and was under constant medication. Apart from his own deposition, respondent - husband had got examined Dr. Rajiv Mehta (PW -4), Physiatrist and Dr. Shalini Aggarwal (PW -3), Senior Consultant at Maharaja Agarsen Hospital, New Delhi. Apart from this, respondent -husband had relied upon deposition of Dr. Vikas Jain (PW -6), Consultant Neuro Psychiatrist in Paschim Vihar to prove the medical reports (Ex. PW -1/1 to PW -1/19) of the appellant -wife. The stand of appellant -wife is that she is under treatment and she is suffering from medical ailment which is not incurable and that she is quite normal. Appellant -wife had categorically denied that she was suffering from depression and had deposed before the trial court in support of her aforesaid stand.

(3.) AT the hearing, the solitary contention raised by learned counsel for appellant is that all the three issues have been decided by the trial court in favour of the appellant but the marriage is annulled by taking a resort to Section 12(1)(c) of the Hindu Marriage Act, 1955 whereas in the petition, the annulment of marriage was sought under Section 12(1)(b) of the Hindu Marriage Act, 1955.