MAMATA MISHRA Vs. SUBHAS CHANDRA MISHRA

JUDGEMENT

(1.) THIS is an appeal under Section 19 of the Family Courts Act filed by the wife -appellant challenging the judgment dated 18.10.2001 in Civil Proceeding No. 264 of 1998 of the learned Judge, Family Court, Cuttack.

(2.) THE case of the husband -respondent in brief is that the wife -appellant was suffering from organic brain disorder and recurrent attack of epilepsy since long prior to, the marriage. This fact was suppressed to the respondent and his family members and fraudulently the marriage was solemnized on 18.6.1997. During the stay of the wife -appellant in the matrimonial house, the husband -respondent noticed some abnormality and loss of self -control of the wife -appellant. On 25.6.1997 at about 11.00 p.m. the appellant fell down in the bed room and lost her senses and after some time she regained her sense. Ultimately, on 27.8.1997 she had an attack of virulent type of fits and after some time she regained her sense. Thereafter, the wife -appellant insisted to go to their parent's house or else she would commit suicide. She was taking medicines regularly to control the attack of fits. She was taken to the Assistant Professor of Neurology, SCB Medical College and Hospital, for medical check up before whom the appellant disclosed that she was suffering from fits since last one and half years, i.e., prior to. the marriage. When it was confirmed that the appellant was suffering from epileptic fits, the respondent had no way out but to file a petition before the Judge, Family Court, Cuttack under Section 12(1)(b)(c) read with Section 5(ii)(b)(c) of the Hindu Marriage Act for a declaration that the marriage was voidable and prayed to annul the same by a decree of nullity.

(3.) IN order to prove his case, the husband -respondent examined three witnesses including the Assistant Professor of Neurology, who had treated the wife -appellant as P.W.3 and exhibited six documents including a letter said to have been written by the wife -appellant and the medical prescriptions. The wife -appellant also examined three witnesses including one independent witness as O.P.W. 3 but did not file any document in support of her case. After considering the evidence on record, the Judge, Family Court came to the conclusion that the wife -appellant was suffering from recurrent attack of epilepsy with mental disorder and the said fact was suppressed to the husband -respondent and his family members prior to and at the time of marriage.