SRIVIDYA Vs. SUBRAMANIAM

JUDGEMENT

(1.) The respondent / wife is the appellant in this Civil Miscellaneous Second Appeal. Aggrieved over the order of the Lower Appellate Court, in reversing the judgment of the Trial Court and granting decree in favour of the petitioner / husband, the appellant/wife preferred the above Civil Miscellaneous Second Appeal.

(2.) For the sake of convenience, the parties are called as per their rankings in the petition filed for decree of nullity of marriage.

(3.) The petitioner / husband filed a petition under Section 12(1)(c) of the Hindu Marriage Act, 1955, for a decree of nullity of marriage solemnized between the parties on 31.05.1996. It is relevant to state that the petitioner / husband had averred that the marriage was solemnized between the parties on 31.05.1996 as per Hindu Rites and Customs. The marriage was an arranged marriage and it was consummated. The petitioner/husband had intercourse with the respondent/wife for about ten times and they were done after much persuasion. According to the petitioner / husband, the respondent / wife is very dull and totally passive in her behaviour and expressed her aversion in marital life in begetting children. The petitioner was a Research Scientist and he used to read books for a long time. When he wanted to relax in the night, he sought conjugal company of the respondent, but she was persistently evasive and requested the petitioner not to disturb her at all during her sleep. Therefore, the petitioner suffered silently many times because of the refusal. It gave an impression to him that the respondent got married out of compulsion by her parents. On 23.12.1996, he had taken her to Dr.Mangala Nagarajan, who opined that the respondent was suffering from Schizophrenia and referred her to Dr.Sarada Menon for further consultation. That was the first time the petitioner came to know of the fact that the respondent was suffering from Schizophrenia. Thereafter, in the exchange of letters happened between the petitioner and his father-in-law and mother-inlaw, it was disclosed that the problem was subsisting even before the marriage. Since the conjugal company was refused, he was leading a life of saint for seven months. Since the respondent and her parents intentionally suppressed the material facts, he left her at her parents house on 09.05.1997 and took her to Dr.Sarada Menon along with her parents on 10.05.1997 wherein the Doctor has confirmed the ailment mentioned above. On the basis of the above facts, the petitioner filed a petition for decree of nullity of the marriage solemnized between the parties.