RAJENDRA KUMAR KOSHAKE Vs. RENUKA

JUDGEMENT

(1.) THIS appeal is filed by the appellant/petitioner under Section 28 of the Hindu Marriage Act against the judgment and decree dated 23. 12. 1996 passed by the District Judge, Mandla in Civil Suit No. 23-A/1994 wherein the petition filed under Section 12 of the Hindu Marriage Act for anulling the marriage was dismissed.

(2.) THE admitted facts of the case are that the marriage in between the appellant and the respondent was solemnised according to Hindu rites and customs in the month of May, 1994 at Village Saraiya, Tah. and District Balaghat.

(3.) THE case of the appellant/plaintiff is that after the solemnisation of the marriage when the respondent/wife came to the matrimonial house, her behaviour was found abnormal. That on the first night, the wife was frigid and unresponsive to the sexual advances. That she was disorganised and irrelevant in arranging her affairs and talks. That the consent of appellant was obtained by concealing the deranged state of mind of respondent and fraud was practised by the respondent family by representing the good mental health. The appellant has alleged that on account of the insanity respondent is incapable of leading matrimonial obligation and it is difficult for the appellant to lead tension-free normal life. It is alleged that the respondent/wife was taken to Dr. Pradeep Kumar at Rewa who has diagnosed that she was suffering from Schizophrenia and she was treating for her mental disorder by Doctor at Nagpur. The appellant has alleged that the respondent/wife was suffering from Schizophrenia before solemnisation of the marriage. The appellant has prayed that the marriage between the appellant and the respondent be annulled by decree of nullity under Section 12 (1) (b) of the Hindu Marriage Act.