SHANTA DEB Vs. INDRANEEL DEB

JUDGEMENT

(1.) THIS appeal has been filed by the appellant/wife under Section 28 of the Hindu Marriage Act, 1955 against the judgment and decree dated 17-1-2001, passed in Civil Suit No. 386-A/98 by IVth Additional District Judge, Jabalpur annulling the marriage between the parties under Section 12 (1) (c) of the Hindu Marriage Act, 1955 (hereinafter referred to as 'act' ).

(2.) SHORTLY stated the facts are that the respondent/husband had filed a petition seeking decree of nullity of his marriage with appellant, by invoking provisions of Section 12 (1) (b) and (c) of the Act on the ground that his consent for the marriage was obtained by fraud as the appellant/wife has been and is still suffering from schizophrenia and is unfit for marriage and procreation of children.

(3.) ADMITTEDLY the parties are Bengali Hindus and married according to Hindu Rites on 21-1-1998 at Bilaspur. After the marriage the parties came to Jabalpur on 25th January, 1998. On 31-1-98 appellant/wife went to her parental house at Bilaspur and came back to her matrimonial house on 3-2-98 and lived up to 7-2-98. Again on 7-2-98 she left with her father for Bilaspur since then she is at Bilaspur with her parents. There is no issue out of the wedlock.