ANIL KUMAR P.K. Vs. SATHI BAI

JUDGEMENT

(1.) MAT Appeal No.594 of 2007 is filed against the judgment in O.P.No.207 of 2005, which was filed by the respondent wife. Mat Appeal No.595 of 2007 arises from the judgment of Family Court, Kottarakkara in O.P.761 of 2005, which was filed by the appellant. O.P.No.207 of 2005 was filed by the wife for restitution of conjugal rights and O.P.761 of 2005 is for a declaration that the marriage between the parties is null and void. By a common judgment rendered on 15.6.2007, Family Court dismissed O.P.No.761 of 2005 filed by appellant and allowed O.P.No.207 of 2005 filed by respondent wife. It is aggrieved by this common judgment that the husband has filed both these appeals.

(2.) THE husband filed O.P.No.761 of 2005 under Section 12 and 5(1) of Hindu Marriage Act and the grounds alleged by him are that there was suppression of material facts concerning the age of respondent and regarding her mental illness, while obtaining his consent for marriage. In so far as his contention that the age was wrongly informed to him is concerned, he relies on Ext.A10, a certificate issued on registration of his marriage with respondent, where the age of respondent is mentioned as 27 years. According to him, Ext.B1 and B3 shows that her date of birth is 25.4.1967 and therefore, he says that on 27.4.1999, when the marriage was conducted, her age was 32 years and not 27 years as represented to him.

(3.) THE other ground is that the mental ailments of respondent were suppressed while obtaining his consent for marriage. In order to prove this, Ext.X1 and Ext.A3 medical certificates were produced and in addition to the appellant's own evidence, PW3 Doctor and CPW6 were examined. In so far as Ext.A3 and Ext.X1 and the evidence of these two witnesses are concerned, we have perused these documents and also gone through the evidence. Nothing has been brought out through these witnesses or these certificates, to prove that respondent was suffering from any mental illness prior to the marriage.