RITA DEY Vs. ASHIT KUMAR SAHA

JUDGEMENT

(1.) The Petitioner/Husband's cases in the Suit, in short, was as follows: - -

(2.) The Petitioner/Husband and the Respondent/Wife were married on 10.02.2009 according to the Hindu Rites and Customs and all usual rituals had been duly performed and the Respondent/wife went to the Petitioner's house after completion of all ceremonies. In the night of 17.02.2009 the Respondent/Wife told the Petitioner/Husband that she required to go to her elder sister's house for a surgical operation to remove a tumour in her left breast and on asking, the Respondent/Wife failed to explain as to why such illness of her's was not disclosed during the negotiation of their marriage. However, in the following morning the members of the Petitioner/Husband's family took the Respondent/Wife to a Homoeopath doctor for treatment and after examination of the Respondent/Wife the doctor advised for an Ultra Sonography Test which was done instantly and on the next date the report was shown to the said doctor who after consulting the report advised for a surgical operation immediately for the removal of the tumour and F. N. A.C. Test for further investigation. In such situation the Respondent/Wife disclosed that F. N. A.C. Test had already been done in the month of January, 2009 and the report was lying with her elder sister. The Respondent/Wife's sister was thereafter contacted over telephone and the said F. N. A.C. Test report was collected from her and thereafter the Respondent/Wife was taken to a Gynaecologist on 21.02.2009 who after consulting the examination reports and clinical examination as well, opined that the Respondent/Wife was suffering from high grade infiltrating duct carcinoma. He, therefore, referred the Respondent/Wife to an Oncologist. The Respondent/Wife's elder sister, who negotiated the marriage, was called for and she was asked as to why she and her family members having knowledge about the illness of the Respondent/Wife suppressed the fact during the negotiation of marriage. The reply of the family members of the Respondent/Wife was that the illness was very simple and curable by a minor surgical operation and after such reply they took away the Respondent/Wife to their house in the night of 22.02.2009 for treatment of the Respondent/Wife at Chenni. Thereafter, in the night of 25.02.2009 the Petitioner/Husband was informed that the family members of the Respondent/Wife decided to admit the Respondent/Wife in Calcutta Medical College and Hospital on the following day. Hence, a sister of the Petitioner/Husband went to the Calcutta Medical College and Hospital on the following day and she was informed that the doctors in the Hospital diagnosed the tumour in the left breast of the Respondent/Wife as 'duct carcinoma' which required immediate surgical operation.

(3.) It is the specific case of the Petitioner/Husband that the family members of the Respondent/Wife had the knowledge that the Respondent/Wife was suffering from breast cancer well before 21.01.2009 when the marriage was finalised and the date of marriage was also fixed. It is also the specific case of the Petitioner/Husband that had the disease of the Respondent/Wife been disclosed during the negotiation of the marriage he would not have married the Respondent. It is, therefore, the gist of the allegation of the Petitioner/Husband that his marriage with the Respondent is vitiated by fraud and misrepresentation and hence the marriage should be annulled by a decree under Sec. 12 (I) (c) of the Hindu Marriage Act.