SMITA Vs. KESHAV YESHWANT GAWANDE

JUDGEMENT

(1.) This is an appeal by the wife-original respondent against the decree of nullity of marriage passed by the trial Court under section 12(1)(c) of the Hindu Marriage Act.

(2.) The case of the respondent-original petitioner was that as his marriage was to be performed, he started looking for a bride and his brother and 3 others went to the house of the appellant's father on April 30, 1982 and approved the appellant. This was followed by two visits of some of the relations of the respondent on 3rd May 1982 and 7th May 1982 when the appellant was approved. The respondent's father had an attack of paralysis on May 13, 1982, but on that very day the marriage between the parties was settled and it was performed on June 8, 1982 at Murtizapur. The appellant returned to her parents' house on June 10, 1982 and returned to the respondent's house on June 12, 1982. A Satyanarayan Pooja was performed on June 13, 1982 in the respondent's house. That night when the marriage was to be consummated, the appellant told the respondent that she had some white spot below the front portion of the knee, on seeing which the respondent found that there were patches of luco-durma and due to the aversion he had no sexual intercourse with the appellant that night, nor was there any sexual intercourse with the appellant at any time thereafter. The respondent, however, consulted one Sukhdeo Maharaj and he confirmed that the appellant was suffering from luco-durma. The sizes of the patches went on increasing thereafter and spread on the lips and face from Sept. 1982. The respondent's case further was that the appellant had told him in the night of 13th June 1982 also that she and her relations were aware of the existence of these patches and she had been taking the treatment of Sukhdeo Maharaj even prior to the marriage. These facts were, however, concealed by the appellant and if the respondent were to have known that she was suffering from luco-durma, he would have never married her. He allowed the appellant to reside with him in the house for the fear that his father would be shocked by the rupture in the marital relations. The appellant went to the house of her parents on 17th Nov. 1982 for Bhaubij and did not return to him. The respondent was also not in a position to fetch her and cohabit with her and so a meeting for the dissolution of the marriage was arranged on 16-1-1983, but these talks did not materialise. He sent a notice on 2nd March 1983 to the respondent and filed the present petition for the annulment of the marriage, on 7th April 1983.

(3.) The appellant resisted the petition by filing the written statement and contended that the respondent had sexual intercourse with her on the night of 13th June 1982. See denied that she made any disclosures as alleged, to the respondent. She stated that she was having marital relations with the respondent until she left for her parents' house in Nov. 1982. According to her there was a light white spot on her lip even prior to the marriage, but that was not due to any disease, much less due to luco-durma, and the medical opinion was also that it was not luco-durma. After the marriage, some white spots also developed near the knee and the ear, but those spots have disappeared due to medical treatment. According to her since the respondent had marital relations and sexual relations with her since the marriage was consummated till 17-11-1982 and he had lived with the appellant with full knowledge and consent, the petition was not maintainable.