JAYANTI BAI Vs. GORE LAL

JUDGEMENT

(1.) THIS appeal under Section 28 of the Hindu Marriage Act, 1955 is directed against the judgment and decree dated 24. 12. 1998 passed in Civil Suit No. 6-A/98 by Addl. District Judge, Sagar whereby the application of the respondent-husband under Section 12 (1) (b) of the Hindu Marriage Act, 1955 (for short hereinafter referred to as 'the Act') has been allowed and marriage of the parties has been annulled.

(2.) UNDISPUTEDLY, the parties were married on 24. 3. 1998 at village Majiya Patna, Tehsil Deori, District Sagar. The respondent/petitioner filed an application under Section 12 (1) (b) and Section 12 (2) of the Act for annulment of the marriage on the ground that the appellant suffered from insanity before the marriage. The learned Trial Court, however, did not frame any issue as to whether at the time of marriage the present appellant/wife had been subjected to recurrent attacks of insanity and epilepsy. An issue was framed as to whether the above fact of insanity was suppressed by the appellant/wife at the time of her marriage. The issue was found in the affirmative though no medical evidence was adduced by either of the parties regarding the insanity of the appellant-wife.

(3.) AN application under Order 41, Rule 27, C. P. C. has been filed in this appeal on behalf of the respondent/husband praying that additional evidence may be permitted to be adduced regarding the insanity of the appellant/wife. It has been submitted in the above connection that the documents of treatment of the appellant could not be produced before the Trial Court and that he wishes to place them on record and duly prove them. It has been submitted that the documents are in possession of the appellant/wife. He wants to get them discovered from her or in the alternative he would obtain the same from the medical records of the appellant from the hospital where she was treated. It has also been submitted that the respondent/husband would examine the medical expert to prove the mental insanity of the appellant at the time of her marriage.