AJAY KUMAR Vs. ANITA

JUDGEMENT

(1.) Aggrieved by the dismissal of the petition filed by appellant-husband under Section 13 of the Hindu Marriage Act, 1955 praying for dissolution of marriage on the ground of cruelty and suppression of material facts as regards the disease of epilepsy by the respondent-wife, the present appeal has been preferred.

(2.) It has been contended by appellant-husband in his petition of divorce that just after few days of marriage the respondent suffered severe attack of epilepsy/seizure and fell flatly on the ground and froth started coming out from her mouth. After gaining consciousness, she revealed to the utter dismay of the appellant and his parents that she was a chronic patient of epilepsy. She suffered a bout of seizure on 11.01.2009 and 8.3.2009 also. She is under depression for the last more than eight months due to frequent bouts of epilepsy. She behaved abnormally giving impression that she might commit any undesirable act. The appellant has sought for divorce on the aforesaid grounds.

(3.) The respondent resisted the plea for divorce contending that the appellant was very much aware that the respondent was not suffering from any disease. The parties lived together as husband and wife right from 30.11.2008 to 10.1.2010. It is stoutly denied that the respondent was a patient of epilepsy.