SARLABAI Vs. KOMAL SINGH

JUDGEMENT

(1.) This is a first appeal under 28 of the Hindu Marriage Act against the judgment and decree dated 30/03/1990, passed by the Additional Judge to the Court of District Judge, Narsinghpur, at Gadarwara in Civil Suit No. 7-A of 1986 granting the decree to the respondent under Section 12(1)(c) of the Hindu Marriage Act, 1956.

(2.) An application under Section12(1)(c) of the Act was filed by the respondent against the appellant after 8 years of the marriage, which took place according to Hindu rites. There are no issues out of the wedlock.

(3.) The case of the respondent was that about 8 years before the marriage of the appellant with the respondent was performed, but there was no cohabitation and no issues out of the wedlock. From the very beginning, the appellant was suffering from heart disease. As such, she was not able to do mental and physical work. She was not capable of sexual intercourse. All these facts were concealed from the respondent. The marriage was performed by fraud. The respondent came to know about it in the month of February, 1985. The respondent further pleaded that after two years of the marriage, the appellant had been to her parents to attend the marriage ceremony of her sister. She never returned to the respondent since then. The respondent, therefore, filed the suit for declaring the marriage as nullity and for divorce on that ground.