BENNY MATHEW Vs. PHILOMINA

JUDGEMENT

(1.) THIS O. P. is filed by a Christian husband to declare his marriage with the respondent is a nullity under S. 19 of the Indian Divorce Act.

(2.) THE petitioner married the respondent on 8. 2. 1987, in accordance with Christian rites and ceremonies. It was an arranged marriage. After marriage, they lived together in the house of the petitioner for 3 days and thereafter in the house of the respondent for 3 days. Subsequently, they went to Indore . THE petitioner has contended that after 4 weeks of living in Indor e , the respondent showed signs of mental illnesss and therefore she was taken to a homoeo Doctor at Indore who said that she may be suffering from home sickness. THE parents of the petitioner was informed and her father, mother and sister went to Indore and gave some medicines to the respondent. When the condition of the respondent was improved, the father and sister returned first. Subsequently the mother also returned. Again she became ill. As she insisted that she should be taken back home, the petitioner took the respondent to the native place in train. While travelling in train, the respondent informed the petitioner about her mental illness and treatment by Dr. Ramachandran, Thiruvananthapuram much prior to her marriage with the petitioner. THE petitioner contended that after reaching the native place, it was confirmed by consulting the doctors that the respondent was suffering from mental illness and she was undergoing continuous treatment for the illness before and at the time of marriage. According to the petitioner, the respondent and her relations played deliberate fraud upon him in not disclosing the mental illness of the respondent to him before the marriage. THErefore, he contended that his consent for the marriage was obtained by the respondent and her relations by playing deliberate fraud upon him. He also contended that in case he was informed of the mental illness of the respondent he would not have consented for the marriage. THErefore, he sought for a declaration of his marriage with the respondent as nullity under S. 19 (3) and proviso to S. 19 of the Indian Divorce Act on the ground that the respondent is insane and his consent for the marriage was obtained by playing deliberate fraud upon him.

(3.) IN order to obtain a decree of nullity of marriage under S. 19 (3) of the INdian Divorce Act, either party should be a lunatic or idiot at the time of the marriage. Slight mental illness or mental disorder is insufficient to obtain a decree of nullity of marriage under S. 19 (3) of the indian Divorce Act. The mental condition should be such that it cannot be reasonably expected to live together as husband and wife. IN the decision reported in Abraham Jacob v. Usha K. Mammen (1984 KLJ 593), this Court held that if the Court is satisfied on the evidence on record that one of the spouses was not at the time of marriage possessed of sufficient capacity of mind to understand the nature of the contract of marriage and the duties and responsibilities which gave rise to between the parties as husband and wife, then the marriage may be annulled on the ground that one of the spouses was not of sound mind.