BALBIR KAUR Vs. MAGHAR SINGH

JUDGEMENT

(1.) Meghar Singh got married to Smt. Balbir Kaur on 10-12-1980. Soon after the marriage when Smt. Balbir Kaur came to the house of her husband, the women folk found that her left side was defective and found deformity therein. On account of that, the husband's case is that there was no consummation of marriage and she was sent back to her parents' house. On 7-2-1981, i.e., within two months of the marriage, the husband filed a petition under S. 12(1) (c) of the Hindu Marriage Act, 1955, for annulment of the marriage on the ground that he was not told that her left side was deformed or defective and it was given out that she was in sound health. He pleaded that it amounted to fraud and if he had been told that she had those defects he would not have agreed to the marriage. The wife contested the petition and in reply pleaded that she was physically and mentally alright.

(2.) On the contest of the parties, the following issues were framed:-

(3.) During the trial of the case, besides other evidence, the Court got the wife examined by the Senior Medical Officer, Civil Hospital, Sangrur, with the consent of the parties, who submitted his report Exhibit P. 1 and was called to appear as a witness. His report and the statement made in Court show the following defects in the wife:-