JAYASREE Vs. RANJIT

JUDGEMENT

(1.) Appeal and RPFC had arisen with reference to matrimonial disputes between the parties to the lis. Mat Appeal No.25 of 2009 is filed by the appellant/wife challenging an order passed by the Family Court declaring the marriage between the parties as a nullity in the eye of law. RPFC No.25 of 2009 has been filed against the same order dated 3.11.2008 in M.C.No.230 of 2007 which claim for maintenance by the revision petitioner/wife had been rejected by the Family Court.

(2.) First we shall deal with Mat Appeal No.25 of 2009. The short facts that has arisen in the matter are as under; and the parties are described as shown in the Original Petition unless otherwise stated. The petitioner and the respondent got married on 9.9.2006 as per Hindu Religious rites and ceremonies. They lived together only for six months. The contention raised by the petitioner/husband was that during the initial days of marriage itself she revealed that she was taking medicine early for Poly Cystic Ovarian Disease (PCOD). Later, it was understood that the treatment started at her 17 th age. She told the petitioner that both her ovaries are full of cysts. She is not interested to continue her life and she has no interest to continue the matrimonial life as well. She further told him that she was pressurised by her mother and relatives to contract the marriage. The marriage was fixed without her consent and knowledge. Alleging that the aforesaid disease was not brought to the notice of the petitioner before the marriage and there was misrepresentation, the petitioner sought for declaring the marriage as null and void. He also contended that she was not having menstrual periods and during her stay though he had taken maximum efforts to give her proper treatment, she was suffering from mental and physical disorder on account of unfitness to continue the marital life and she was incapable of procreating children.

(3.) The respondent in her objection denied the allegation. She never told the petitioner that she was suffering from PCOD and that she was continuing treatment. She denied the entire allegation and submitted that she has no illness and she was never treated for PCOD as alleged.