RANJIT KUMAR SETH Vs. ANITA DEVI

JUDGEMENT

(1.) Heard learned counsel for the appellant and learned counsel for the respondents.

(2.) This miscellaneous appeal has been preferred against the judgment dated 19.01.2010 and decree dated 29.01.2010 passed by the Principal Judge, Family Court, Gaya in M.T.C. Case No.94 of 2005/27 of 2000, whereby the learned lower Court has dismissed the aforesaid case filed by appellant for annulment of the marriage solemnized between the appellant and respondent no.1 under Section 12 of the Hindu Marriage Act.

(3.) Factual matrix of the case is that appellant-Ranjit Kumar Seth filed M.T.C. Case No.94 of 2005/27 of 2000 against the respondents for annulment of his marriage with respondent no.1 under Section 12 of the Hindu Marriage Act, 1955, with the case that the marriage between the appellant and respondent no.1 was solemnized on 24.02.2000 at Nawada. After marriage, respondent no.1 arrived at her marital house and on the first night when the appellant entered into the room he found her behaving in abnormal manner. She started pressing his neck to strangulate him on the bed but he any how managed to get rid of her clutches. In the morning of 26.02.2010 respondent no.1 started slating the appellant and his family members in filthy languages. Then the appellant and his family members contacted the father of respondent no.1 i.e. respondent no.2 and divulged the entire incident to him. Then, they learnt that respondent no.1 has some mental problem and she is suffering from insanity for several years since before marriage and she was treated in Ranchi Institute of Neuropsychiatry and Allied Science (hereinafter in short referred to as 'RINPAS') , Ranchi. She was also examined by other doctors at Ranchi and on her examination by the doctor her disease has been confirmed. Thus, respondent no.1 has been suffering from mental disease since long preceding to her marriage and she behaved in abnormal and insane manner and put the life of appellant at peril, even on the first night and the appellant lived separate and aloof from respondent no.1. He never lived and enjoyed the normal relation with her and marriage between them was never consummated. She is still insane. Further case of the appellant is that respondent no.2, suppressing and concealing the aforesaid ailments of respondent no.1, got her hitched with the appellant by keeping her under the influence of medicine for some hours during the marriage ceremony. Hence, the marriage between the appellant and respondent no.1 is nothing but a nullity.