MANOJAKUMARI Vs. BHASI

JUDGEMENT

(1.) The appellant is the petitioner wife before the Family Court, Thrissur in O.P. No. 20 of 1994, filed under S.9 of the Hindu Marriage Act, for restitution of conjugal rights. She was the respondent in O.P. No. 35 2 of 1994 filed by the respondent husband herein under S.12 and 13 of the said Act for declaring that the marriage is null and void. Both the petitions were tried together and a common judgment was delivered by the Court below on 16.12.1996.

(2.) The marriage between the parties took place on 9.1.1994 according to the custom of the community to which they belong. Immediately after the marriage wife went to the husband's house. However, the respondent has withdrawn from thecompany of the appellant without any reasonable cause. Therefore, she has filed the above petition on 23.5.1994. The respondent husband thereafter filed the petition, O.P. No. 352 of 1994, alleging fraud. His case is that the appellant is mentally unsound at the time of the marriage and that fact was not disclosed to him prior to the marriage. The Court below after the inquiry dismissed both the petitions. Being aggrieved by the judgment of the Court below, the wife has filed this appeal under S.19 of the Act.

(3.) Heard both sides. Counsel on both sides uniformly submitted that they filed C.M.P. No. 1879 of 1998 praying to dissolve the marriage between the appellant and the respondent by a decree of divorce by mutual consent. The joint petition states that they have realised that their marital relationship has been wrecked beyond the scope of any reconciliation. In view of that situation, they prayed for dissolution of the marriage as it is essential and necessary for their future welfare.