CHANDRAKALA Vs. SUBHASH DHONDIBA GAOKHANDKAR

JUDGEMENT

(1.) THIS appeal arises from the judgment and order passed by the learned Judge of the Family Court, Pune allowing the respondent-husband's petition and declaring the marriage between the appellant and the respondent null and void under Section 12 (1) (c) of the hindu Marriage Act and ordering the respondent to pay maintenance of rs. 200 per month to the appellant from the date of the decree as permanent alimony.

(2.) THE marriage between the appellant-wife and the Respondent-husband, according to Hindu Vedic Rites, took place on 14th March. 1988 at Pune. It appears that they lived together for few days and on the husband coming to know that the wife was suffering from leprosy they parted company from the month of April or May, 1988. Ever since thereafter they are living separately from each other. The husband filed marriage petition in the Family Court at pune to declare the marriage null and void on the ground that a fraud was committed on him as the fact that the wife was suffering from leprosy was not disclosed at the time of marriage. The petition was resisted by the wife on the ground that all, including her husband, knew the family background well and several meetings had taken place between the parties before the marriage. The respondent-husband had even taken her out on several occasions before marriage and thereafter had proposed and persuaded her for the marriage. She had some skin disease due to insect bite but as the husband's parents were conservative they suspected that she was suffering from leprosy and on such false allegation the petition for dissolution of marriage and/or declaring the same to be null and void was filed. She also contended that the husband was doing tailoring business from which he was earning good income" and she should be granted monthly allowance of Rs 1,500 as maintenance.

(3.) ON appreciation of the evidence adduced before him, the learned trial Judge came to the conclusion that the wife was suffering from leprosy but the same was not virulent and incurable. He further held that the fact that the wife was suffering from leprosy before marriage was suppressed from the husband and, therefore, there was no legal obstacle in passing the decree of nullity or dissolution of marriage. He accordingly declared the marriage between the appellant and the respondent null and void and granted the wife monthly maintenance of Rs. 200 as maintenance from the date of the decree as permanent alimony.