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 annual 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 midnapur according to Hindu riles. Both the parties hailed from the same district. The husband's village is at taferpur about 25/30 miles from Eiabani. The respondent and her fattier live at Chandrakona another village within the district of Midnapur. Kialcani is the village where the uncle of the respondent resides.

(3.) IN December, 1967 the husband filed an application under section 12 (l) (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 supressed.