RAJESWARI MISHRA Vs. SIDHARTHA PANDIT

JUDGEMENT

(1.) The wife-appellant has challenged the judgment of the Judge, Family Court dated 21-9-2001 in Civil Proceeding No. 85 of 1998 by which he annulled the marriage of the parties under Section 12 of the Hindu Marriage Act, 1955.

(2.) Sidhartha Pandit, the husband the respondent herein) filed the petition for annulment of the marriage on the ground that at the time of marriage the wife was suffering from recurrent attacks of epilepsy. The marriage of the parties took place on 5-2-1998 according to the Hindu rites and customs. On 13-1-1998 at about 3.00 A. M. the husband woke up and found the wife having an epileptic attack. She had lost her sense and was salivating. One Dr. Bankim Patnaik, who was neighbour of the husband was called and on examination found the wife to be suffering from severe attack of epilepsy. He prescribed medicines and also advised to consult a Neurologist. On the next day morning on enquiry she disclosed that she was subjected to intermittent attack of epilepsy since her childhood and was under treatment, On her request, her family members were called and they came with her earlier prescriptions which revealed that she was under treatment since 10-7-1985 in various hospitals. The husband took Rajeswari to Dr. Maya Gantayat and other doctors for treatment but the situation did not improve. Therefore, the petition for annulment of the marriage was tiled. The wife-appellant filed her written statement claiming chat the husband demanded a sum of Rs. 1,00,000/- and a Hero Honda Motor Cycle as dowry. He was paid Rs. 60,000/- only. Demanding the rest dowry of Rs. 40,000/- and the Motor Cycle, she alleged, the petitioner denied to keep sexual relationship with her saying that till the demand was fulfilled the marriage would not be consumated. She also alleged cruelty on the part of the husband.

(3.) The Trial Court framed the following issues :-