PIYALI HALDER Vs. RATHIN KUMAR HALDER

JUDGEMENT

(1.) This appeal has been preferred by a wife under Section 19 of the Family Court Act being dissatisfied with the judgment and decree dated 12th April, 1999 passed by the learned Judge, Family Court in Matrimonial Suit No. 149 of 1997 granting a decree for judicial separation in favour of the husband.

(2.) The husband filed the aforesaid proceedings in the Court of the learned District Judge for annulment of the marriage of the parties on the ground that his consent in such marriage was obtained by suppressing the fact that the wife was suffering from epilepsy.

(3.) The present appellant filed written statement denying the allegations made in the plaint and ultimately the suit was transferred to the Family Court. After such transfer, the husband came up with an application for amendment thereby praying for an alternative remedy of decree for dissolution of marriage by divorce on the ground of desertion and cruelty and such amendment was allowed.