A S SATYANANDAM Vs. USHA DEVI

JUDGEMENT

(1.) The initial misgivings have shattered the sweet dreams of joyous and fruitful conjugal society as disillusionment at their ebb.

(2.) The appellant-husband sought a decree of nullity of the marriage celebrated with the respondent-wife on July 5, 1980 at Ananthavaram village in Amalapuram Taluk of East Godavari District under Section 12 (1) (c) or a decree of divorce as per Section 13 (1) (iii) of the Hindu Marriage Act, 1955 (Act 25 of 1966), for short, "the Act" and it was entailed with dismissal. Thus this appeal.

(3.) The grounds on which he seeks a decree for nullity or of divorce are that the father of the respondent played fraud on him by suppressing that the respondent had mental inequilibrium and thereby is suggestion falsi that the respondent had good health, hale and healthy. He believed the said representation. But during the time of marriage, the respondent appeared to be "a person of unsound mind suffering from mental disorder of such a kind or to such an extent as to be unfit for marriage and lead a happy life, "falling within Section 12 (1) (c) of the \ct. But he kept quiet at the time of marriage as he hails from a respectable family. After the marriage, the respondent "exhibited and is exhibiting positive aversion and dislike towards the petitioner (appellant) and in consequence no nuptial marriage had taken place. The respondent is proved to be subject to recurring attacks of insanity and is suffering from mental disorder of an incurable type." Thereby, he seeks a decree for divorce under Sec. 13 (1) (iii) of the Act.