DAMAYANTI DEI Vs. PRABITRA MOHAN SRICHANDAN

JUDGEMENT

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

(2.) The civil appeal stands disposed of in the following manner : 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 is accordance with the provision in Sec. 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.

(3.) Appellant contested the case denying to all such allegations. She put forth her defence that she never suffered from epilepsy, she was deserted on account of demand of dowry of Rs. 4,000.00 and on 24.6.1985 the respondent married for the second time and through her he has begotten children in the meantime. She filed a complaint case registered as I.C.C. Case No. 1 of 1986 under Sec. 494, Indian Penal Code and the respondent was convicted in that criminal case and the criminal revision against that order of conviction was pending in the High Court. She also filed an application under Sec. 125, Cr PC for monthly maintenance and that was allowed in her favour and against that order also a criminal revision is pending in the High Court. In the criminal revision direction has been made for payment of interim maintenance at the rate of Rs. 200.00 per month.