PADMANABHAN Vs. ATHEENA

JUDGEMENT

(1.) This appeal has been filed by the petitioner in O.P.No.212/2006 challenging the judgment dated 28.03.2008. The appellant married the respondent as per the Hindu religious rites and ceremonies on 30.05.2004. According to him, she was suffering from epilepsy, intellectual deficiency and speech disorder and hence he sought for nullity of marriage under Section 12(1)(b) read with Section 5(ii) of the Hindu Marriage Act, 1955 (for short 'the Act').

(2.) The respondent denied the allegations. According to her, she was having epilepsy prior to marriage which was informed to the petitioner/appellant. Before the Family Court, the petitioner was examined as PW1 and the respondent was examined as RW1. After considering the evidence on record, the Family Court dismissed the petition.

(3.) The learned counsel for the appellant submitted that the marriage had not been consummated and the fact that the respondent was having epilepsy had been admitted. On the other hand, the learned counsel for the respondent while supporting the judgment of the Family Court submitted that the fact of non consummation of marriage was not taken up by the appellant and there was no such pleading at all, which fact had been found by the Family Court itself. Further, she does not suffer from any of the problems narrated under Section 5(ii) of the Act in order to declare the marriage as nullity.