JITENDRA CHOUDHURY Vs. SANGEETA MOHAPATRA

JUDGEMENT

(1.) This second appeal arises out of Matrimonial Suit No. 59 of 2003 filed by the Appellant (husband) for declaring the marriage between the Appellant and the Respondent No. 1 invalid on the ground that the same was solemnized perpetrating fraud and mis-representation on the Appellant and in the alternative for dissolution of the marriage by a decree of divorce. The learned Civil Judge (Senior Division), Puri after trying the said matrimonial dispute by judgment dated 7.7.2006 dismissed the said suit on contest against both the Defendants-Respondents, the Defendant-Respondent No. 2 being the father of the Defendant-Respondent No. 1. The Appellant-husband carried an appeal against the said judgment and decree registered as R.F.A. No. 75 of 2006. The learned appellate Court, i.e. the learned District Judge, Puri by his judgment dated 13.3.2009 dismissed the appeal being devoid of merit by confirming the judgment of the learned trial Court. Hence, this Second Appeal.

(2.) The vital issue which arose in the suit was that the Defendant-Respondent No. 1 - Wife was suffering from Schizophrenia disease which was suppressed during the marriage. The learned lower appellate Court which is the final Court of fact arrived at a finding that it has not been brought to record that the behavior of the Respondent No. 1-wife was abnormal to such an extent that looking at her one can say her to be Schizophrenic and it can not be accepted that it was known to her parents prior to the marriage that she was suffering from Schizophrenia. As a matter of fact, it has been found that the Respondent No. 1-wife prosecuted her studies normally.

(3.) This Second Appeal has been admitted on the following substantial question of law: