WINFRED DHANRAJ SAMUEL Vs. BETSY RATNAKUMARI

JUDGEMENT

(1.) WINFRED Dhanraj Samuel, plaintiff in O. M. S. No. 21 of 1988 is the petitioner in Application Nos. 4108 and 4109 of 1991. Application No. 4108 of 1991 has been filed by him to review my order dated 7. 5. 1991 in the main o. M. S.

(2.) HIS case is that the respondent's mental condition is idiocy within the meaning of Medical Juris -prudence. Her mental faculties, her behaviour as a child, poor memory and absence of will power emotions, or initiative of any kind, etc. , would go to show that she had always been an idiot both before and during the time of marriage and continued to be so thereafter. HIS consent for the marriage was obtained by the suppression of this material fact. He is therefore entitled to a decree declaring his marriage with respondent as null and void.

(3.) MR. Lenin, learned Senior counsel appearing for the wife resisted the application. He said that the jurisdiction of this Court exercising the matrimonial jurisdiction is very wide and that this Court is justified in passing the order that has been made. He has further urged that when the wife has expressed her desire to join her husband, he was not willing to take her back, and has unjustly deserted her and refused to maintain her. He is bound to maintain her and in fact she has claimed maintenance in her written statement filed in this suit.