VIDYADHAR BABURAO CHODNKAR Vs. MALINI VIDYADHAR CHODNKAR

JUDGEMENT

(1.) This First Appeal is directed against the Judgment and Decree dated 19th August, 2000 passed by the Civil judge, S. D. Mapusa whereby the suit filed by the present appellant for annulment of marriage has been dismissed.

(2.) Vidyadhar and Malini are parties to the litigation. The marriage between them was solemnised in the Office of the Sub- registrar at Mapusa on 13-05-1993. Thereafter the religious marriage was celebrated on 02-06-1993. According to vidyadhar, from day one of the marriage, malini was found to have abnormal behaviour. During the midnight on the first day of their marriage, Malini started shouting and making unbearable noise. Baffled with the behaviour of Malini, Vidyadhar remained in the house for about one month to find out any improvement in Malini's behaviour but no improvement was found. Vidyadhar took malini to Dr. D'souza. He found her suffering from incurable mental disease. Vidyadhar, therefore, prayed for annulment of marriage on the ground that Malini was suffering from incurable mental disease and, thus, his consent for contract of marriage was vitiated by mistake.

(3.) Malini contested the suit filed by vidyadhar. She denied that she was suffering from any mental illness. The alleged abnormal behaviour that was mentioned in the plaint was also denied. Though she admitted that she was taken to the Doctor, but she denied that she was taken to the Doctor by her husband. According to her she was taken to the Doctor by her brother-in-law. She averred in the written statement that her brother-in-law Gopal assaulted and starved her. Malini averred that vidyadhar, his brother Gopal and two others took her to her parents' place in the car and left her there after few months of the marriage and her husband never took her back to the matrimonial home. She prayed for dismissal of the suit.