PRONAB KUMAR GHOSH Vs. KRISHNA GHOSH

JUDGEMENT

(1.) This appeal has been preferred against the judgment and decree passed by Shri P. K. Chanda, Judge, Third Bench of the City Civil Court at Calcutta in Matrimonial Suit No. 8 of 1968, refusing the prayer of the husband to annul his marriage with the opposite party respondent by decree of nullity on the grounds stated hereafter.

(2.) The appellant and the respondent are both Hindus by religion. They were married on the 8th March, 1967, at Kiabani a village in the district of Midnapore, according to Hindu rites. Both the parties hailed from the same district. The husband's village is at Tatarpur about 25/30 miles from Kiabani. The respondent and her father live at Chandrakona another village within the district of Midnapur. Kiabani is the village where the uncle of the respondent resides.

(3.) In December, 1967, the husband filed an application under Section 12 (1) (b) read with Section 5 (ii) of the Hindu Marriage Act, 1955, with a prayer for decree of nullity on the ground that the respondent was a lunatic at the time of her marriage and that the said fact was suppressed.