SAKATTAR SINGH Vs. RAJ ALIAS RAJRANI

JUDGEMENT

(1.) This First Appeal under Sec. 28 of the Hindu Marriage Act, 1955 (hereinafter referred to as the Act) is directed against the judgment and decree passed by the District Judge, Durg, whereby the claim of the petitioner/husband for annulling the marriage on the ground that at the time of marriage the respondent/wife was suffering from epilepsy, has been dismissed.

(2.) In short; the parties are Sikh; but, for all practical purposes they are governed by the Hindu Law and as such the provisions of Hindu Marriage Act are applicable to them. The marriage between the appellant and the respondent was solemnised on 8.3.1978 as per the rites and customs prevailing in Sikh community.

(3.) It is alleged that just after the marriage, i.e., on 10.3.1978 at one O' clock in the night; on 18.3.78 at 11 O'clock in the night; on 23.4.1978 at 8.30 p.m. in the evening and again at 11.30 p.m. in the night; on 24.4.1978 at 5.30 a.m. in the morning, the respondent/ wife suffered from attacks of epilepsy. It is further alleged that on 24.4.1978 the respondent/wife was taken to her parental house by her father and after 12 days against the petitioner brought her back. It is also averred that out of this wedlock she begot a female child, Baby Jasmin on 28.4.1979. The appellant/husband further pleaded that the attacks of epilepsy continued for which the family doctor of the appellant, Dr. P.D. Naik, Durg was consulted who advised to take her to Dr. G.M. Taori, Nagpur and accordingly, Dr. Taori has also examined her on 26.6.1978. On this basis, it is also submitted that the respondent/wife was suffering from epilepsy at the time of marriage and, as such, the wife has been subjected to recurrent attacks of epilepsy. Therefore, a petition under Sec. 13 of the Act was presented for annulling the marriage.