MUNISHWAR DATT VASHISHT Vs. INDRA KUMARI

JUDGEMENT

(1.) This first appeal has been preferred by Manishwar Dutt Vashisht against his wife Indra Kumari under Section 28 of the Hindu Marriage Act (Act 25 of 1955) from the order of the Additional District Judge, Delhi, dated 29th of March 1961.

(2.) A petition was made by the husband on 28th of October 1955 under Section 12 of the Act, praying that the marriage of the petitioner with respondent Indra Kumari be annulled and a decree of nullity passed on the ground that the marriage was in contravention of the condition specified in Section 5(ii) in so far as the respondent Indra Kumari was a lunatic at the time of the marriage. The marriage between the parties was performed on 9th of May 1955 at Amritsar when the petitioner was under 30 years and the age of the respondent was 20/21 years. It is alleged in the petition that after the marriage he learnt that his wife was a lunatic both before and at the time of the marriage and has been of unsound mind; and her insanity prior to marriage had been concealed by the respondent's parents from the petitioner and his relations and that fraudulent representation had been made that she had passed the Intermediate Examination and was studying for B.A. and that she was mentally and physically sound. On the arrival of the couple at Delhi, after the solemnisation of the marriage, it was observed that the respondent was not normal but was insane. On 23rd of May 1955, she became violent and uncontrollable and that she was taken back to Amritsar on 24th of May, and she was treated in the Mental Hospital there. It was also alleged that the consent of the petitioner and of his parents to the marriage was obtained by fraud and misrepresentation regarding the condition of her health, age, education and by concealment of the fact that she was a lunatic. On the above grounds, it was prayed that the marriage be declared to be null and void and a decree of nullity be passed in petitioner's favour and against the respondent, The respondent was impleaded personally and also through her father as her guardian ad litem on the ground that she was not of sound mind.

(3.) In the written statement, the allegations as to her lunacy were denied and it was maintained that she was and always had been a person of sound mind ever since her birth and has been enjoying good health both bodily and mentally. It was denied that any facts relating to her mental and physical health had been concealed from the petitioner or his parents or that any fraudulent representation was made in that behalf. It was stated that she had passed the Matriculation and Intermediate Examinations from the University of Punjab prior to her marriage. She had also passed "Bhushan" and "Prabhakar" Examinations in Hindi language and at the time of the presentation of the petition she was studying for the B.A. Examination in Government College at Amritsar. It was stated that the petition under Section 12 was made by the petitioner with some ulterior purpose with a view to get the marriage annulled so that the petitioner might be free to marry again. It was also said that the petitioner wanted to keep the dowry which they had received on the occasion of the marriage from her father's side. In the additional pleas, it was stated that Shri Lakshmi Dutt Vashisht, father of the petitioner, and Shri Baldev Inder Singh, father of the respondent, were close friends and knew each other's, family for many years in the past and no question of making fraudulent representation could arise.