THULASI BAI Vs. MANOHARAN

JUDGEMENT

(1.) These proceedings are between same parties. They arc concerning the marriage between them. So, I consider it advantageous to dispose of them by this common judgment.

(2.) I will first take up S.A No 498/1987. This second appeal arises out of a proceeding under the Bindu Marriage Act, 1955, hereinafter referred to as 'the Act', for declaration of the marriage between the parties as nullity under S.12(1)(c) of the Act. Trial Court dismissed that application filed by the husband. On his appeal learned District Judge passed a decree annulling the marriage. That decree is under challenge. (I am referring to the parties as they are arrayed before the Trial Court in the proceedings under the Act.)

(3.) Material averments made by husband in the petition filed before Trial Court are as follows: Petitioner and respondent are Hindus. Their marriage was solemnised on 13-12-81 in accordance with the religious rites of the community to which they belong. After marriage they resided at his house till they left for Ranchi, his place of employment. During the stay at the petitioner's house and on arrival at Ranchi respondent used to take certain pills regularly. They were stated to be sleeping pills. During train journey to Ranchi, respondent behaved in a strange manner. She used to speak inchoate without any sense. She used to laugh, cry and talk without any rhyme or reason. Petitioner and his brother who accompanied them to Ranchi spent sleepless nights taking care of her. Respondent's eratic behaviour continued and she began to show symptoms of an insane person. When it became uncontrollable, she was admitted in Davis Institute of Neuropsychiatry at Ranchi. She was treated for schizophrenia and was administered electric shock. The matter was intimated to respondent's parents. Her father sent a letter giving details of medicine which were given to her before marriage. He sent through a person a prescription given by a local doctor and also some holy ashes for early cure. On 24-1-1982 her father reached Ranchi in the company of petitioner's brother and brother in law. On that day, she was discharged from the hospital. Doctors opined that she is a mental patient suffering from Schizophrenia and that if medicines are discontinued her ailment will become very acute. She was given electric shock on 25-1-1982 and 30-1-1982. All of them returned to Kerala on 1-2-1982. There after they are living separate. The marriage between the parties is null and void on the following grounds: