SUNITABAI Vs. DEVENDRA KUMAR

JUDGEMENT

(1.) THIS appeal is directed against the judgment and decree dated 17.3.92 of the lIind Additional District Judge, Shajapur Camp Agar passed in Civil Suit No. 8 -A of 1989 whereby the marriage between the appellant and respondent have been dissolved and declared to be void.

(2.) THE admitted facts of the case are that the appellant and respondent were married at Bhopal on 19.4.86 according to Hindu rites. Thereafter the appellant went alongwith respondent to Agar where he was working. During their stay at Agar the appellant -wife had an attack of epilepsy. She was unconscious for some period with all the symptoms of epilepsy. On enquiry she disclosed that she is suffering from this ailment fromher childhood.

(3.) RESPONDENT -husband further asserted that this ailment of non -applicant was not disclosed to him and his consent was obtained by fraud and therefore, the marriage between them is voidable and he is, therefore, entitled for a decree of nullity.