SWAPAN KUMAR SAHA Vs. SMTI. KALPANA SAHA

JUDGEMENT

(1.) This appeal under Section 39 of the Special Marriage Act, 1954 has been filed by the husband-Swapan Kumar Saha- challenging the legality and validity of the impugned judgement and decree dated 08/03/2011 passed by the District Judge, Kamrup, Guwahati, in Matrimonial Suit No. 46/2005, dismissing the suit filed by him against his wife-Kalpana Saha- under Section 24 of the Special Marriage Act, 1954, praying for a decree of nullity of their marriage.

(2.) The brief facts are these. Appellant married the respondent on 15/01/2005 by registering their marriage under Special Marriage Act, 1954, at Kolkata and thereafter they started their married life in his house. But from the next day, appellant noticed abnormality in behaviour of respondent and saw her taking medicines prescribed by psychiatric. She spent a sleepless night. When the matter was brought to notice of her relatives, they avoided on flimsy grounds. But on 03/02/2005, she became violent and expressed her willingness to leave the matrimonial home. She became so violent that she had to be put under lock and key in a room. One psychiatrist was called for treatment and he prescribed some medicines for administration. She was also advised to be hospitalised by another psychiatrist to be put under observation but her relatives took her to Guwahati on 05/02/2005 admitting that she had been suffering from mental disorder much before the marriage. It was the case of the appellant that their marriage was not consummated and as such, he filed the suit in the Court of Additional District and Sessions Judge, (FTC), 8th Court, Alipore, for declaration that the marriage is a nullity.

(3.) Respondent contested the suit by filing written statement stating inter-alia that the marriage was consummated on the first night itself and thereafter the appellant used to sleep with her keeping his dog-Jimmy- in the bed under the mosquito net and as such she, out of fear, sometimes had to spend sleepless nights. Appellant demanded a sum of Rs.3 lacs and on the failure on her part to satisfy that demand, appellant sent her back home on false allegations.