PETER Vs. MOLY

JUDGEMENT

(1.) THIS is a petition filed under S. 18 of the Indian Divorce act. Husband is the petitioner. He seeks a decree declaring his marriage with the respondent as null and void. Parties belong to Roman Catholics. They got married on 29. 4. 1990 at Elanjipra Church as per Christianrites. Thereafter, they lived together till 10. 11. 1990 when the respondent's father took the respondent from the petitioner's house to her own house.

(2.) THE ground urged in this petition is that respondent was mentally ill at the time of marriage and she continues to be so, even now and this fact was suppressed from the petitioner, and concealing this fact, consent of the petitioner was obtained for marriage. Had the mental status of the respondent been divulged, the petitioner would not have given consent for the marriage. Thus, there was fraud. Petitioner also submitted that respondent had told him that she had no menstruation at any time and even after marriage. She had Gynecological defect and she was unable to conceive, which is the primary aim of the marriage. THE fact that the respondent is unable to conceive had been withheld from the petitioner before marriage and that also amounts to fraud, the petitioner submits.

(3.) PW-2, the doctor deposed that "the disease which molly was having is known as Hippomania" with symptoms of sleeplessness, odd-behaviour and aggressive tendency. He was unable to say whether/he illness developed either before or after the marriage. He is of opinion that "it might have developed either before or after marriage". But he confirmed that the illness is a recurring one and it requires continuous treatment and that when the respondent was brought to him she was having sadistic tendency which will affect the marriage relationship and "will be dangerous to the husband".