JAGDISH SINGH Vs. KANTA DEVI

JUDGEMENT

(1.) THE appellant-husband by way of this appeal has challenged the judgment and decree dated 21.12.1999 passed by the District Judge, Hoshiarpur vide which, petition filed by the appellant under Section 12 of the Hindu Marriage Act claiming a decree of nullity, stands dismissed.

(2.) AS per the case set up by the appellant, the marriage between the parties was performed on 7.12.1996 at village Kahnuwan, Tehsil and District Hoshiarpur as per Hindu rites. The case set up by the appellant was that on the next day of marriage, when the appellant tried to consummate the marriage, the respondent-wife became furious and started behaving abnormally. She started shouting loudly and threw the articles lying in the rooms. She was overpowered by the family members of the appellant. After about an hour, her condition came under control and on enquiry, it was revealed that she was suffering of such kind of fit at regular intervals and was under treatment. The case pleaded therefore, was that respondent or her family members did not disclose the fact of mental disorder therefore, his consent to the marriage was obtained by fraud. It was further pleaded by the appellant that when the matter regarding this incident was told to the parents of the respondent, they admitted their fault and took the respondent with them and since then, she was living with her parents. It was also case of the appellant that marriage was never consummated.

(3.) THE parents of the appellant had also talked with the respondent and approved matrimonial proposal. The marriage was said to have been performed with great pump and show, and the marriage party was of about of 70 persons. It was also case of the respondent that the appellant was given Bajaj Scooter, colour T.V., fridge, cooler, godrej almirah, gents watch, gold chain and one gold ring was also given to the father of the petitioner. In addition thereto, parents of the respondent also gave ornaments weighting about 15 totas of gold consisting of four gold bangles, ring, ear rings, bracelet, nose pin, nath and other ornaments and silver paijaibs.