M DIVYA Vs. P B SAJITH

JUDGEMENT

(1.) Respondents, the wife and her father, in O.P.No.538/99 on the file of the Family Court, Kozhikode are the appellants herein. The Original Petition was filed by respondent - husband under S.12(1)(b) and (c) of the Hindu Marriage Act, 1955 for a declaration of the marriage between the 1st appellant and himself as null and void. Crl.M.C. is filed by respondent - husband and two others who are the accused in C.C. No.125/2000 on the file of the Chief Judicial Magistrate's Court, Kozhikode to quash charge sheet filed in Crime No. 116/ 99 of Kasba Police Station, Kozhikode. The charge sheet in the above case was based on a complaint filed by the 1st appellant under Sec.498-A with S.34 IPC.

(2.) The marriage between the respondent - husband and the 1st appellant was solemnized on 27-12-1998. It is averred in the Original Petition that at the time of marriage and prior to that the 1st appellant was suffering from mental disorder of schizophrenia and the consent of the respondent - husband was obtained by suppressing the above fact. The further case of the respondent - husband was that on the date of the marriage itself he had noted certain unusual behaviour of the 1st appellant. She did not mingle with others, she was reluctant to sleep with him during night and she wanted to sleep in a separate room. According to him, the 1st appellant could not take care of herself and she was gloomy always. She was only a passive partner on the bed. Hence, the respondent - husband prayed for a decree of nullity of the marriage. All these allegations were denied by the appellants. On analysing the evidence adduced before it, the Family Court allowed the Original Petition by the impugned judgment.

(3.) S.12(1) of the Hindu Marriage Act, 1955 reads as follows:-