SURINDER KUMAR GUPTA Vs. MANJU RANI

JUDGEMENT

(1.) MRS . Manju Rani, respondent, has preferred a petition under Section 12 of the Hindu Marriage Act for annulment of her marriage with the present petitioner. In the alternative, she has prayed for dissolution of the marriage by a decree of divorce under Section 13 of the Hindu Marriage Act. The annulment of the marriage has been sought for on the ground that the husband has been suffering from mental disorder and the disease was diagnosed as "Maniac Depression Psychosis" and according to the lady, the husband was under treatment at P.G.I., Chandigarh. It has also been pleaded by the wife that the husband had concealed this material fact from her at the time of marriage and she was not informed about the ailment from which the husband was suffering. According to her, her consent to the marriage was procured by concealment of the aforesaid fact and the consent was obtained by fraud.

(2.) THE aforesaid petition was filed as far back as January, 1993. The husband contested the petition and denied the allegations made therein. The learned District Judge put the parties on trial on the issues framed on 29.4.1993 and thereafter, part of the evidence was examined, by the wife, when she preferred a petition under Order 6 Rule 17, CPC seeking permission to amend the petition.

(3.) THE learned District Judge, after hearing the parties, passed the following order: