SULEKHA Vs. ASHOK KUMAR

JUDGEMENT

(1.) Heard learned counsel for the parties on admission of second appeal and perused the records.

(2.) Matrimonial Petition No. 3077/2010, Ashok Kumar v. Smt. Sulekha was filed by husband against his wife for declaring their marriage void. In said petition, it was pleaded that it was arranged marriage when petitioner Ashok Kumar had entered into second matrimony after divorce with his first wife. He married with opposite party Sulekha on 7.1.2010 and thereafter started living with her. But opposite party was not able to have intercourse as her vaginal passage was closed and she was not able consummate marriage and discharge her duties of a wife. In spite of many efforts, physical relationship could not be established between the parties. Before her marriage with petitioner, opposite-party had also married earlier but she had never informed the petitioner about her physical problems and concealed true facts. Therefore, petitioner had filed petition for declaration of their marriage void under Sections 12 (1)(a) and 12 (1)(c) of Hindu Marriage Act.

(3.) Opposite-Party had filed written-statement in original case, in which she pleaded that petitioner is aged about 45 years and had three children from his first wife, he wanted to marry the opposite-party for taking care of his children and for managing house hold affairs. Petitioner had no importance of physical disabilities of opposite-party and of her being able to be mother. Sometimes after marriage, petitioner had started treating her with cruelty. His petition is liable to be dismissed.