DAMAYANTI DEI Vs. MOHAN SRICHANDAN

JUDGEMENT

(1.) learned counsel for the appellant, and Mr. Acharya, learned counsel for the respondent.

(2.) The Civil appeal stands disposed of in the following manner :

(3.) Respondent filed Civil Proceeding No. 186 of 1997 before the Judge, Family Court, Cuttack with the prayer to declare his marriage with the appellant void in accordance with the provision in Section 12(1)(b) of the Hindu Marriage Act, 1955 (in short the Act). Bone of contention of the respondent, in support of that prayer, was that soon after the marriage he could discover that appellant was suffering from epilepsy and that fact was suppressed while negotiating, finalising and performing the marriage and also on the ground that by the date of marriage she was only 17 years old. Admittedly, the marriage was solemnized on 21-5-1983 and the civil proceeding was initiated on 19-7-1997, i.e. to say about 14 years after.