Taking numbere of certain statements made by the respondent in her evidence the appellate companyrt found that she has admitted that she has been suffering from a mental disorder from her childhood that she was given injection once in a month and used to take drugs whenever she had headache.
The appellate companyrt accepted the case of the appellant that there was numbercohabitation between the parties to the marriage.
In support of his case the appellant alleged inter alia that on the night of the marriage he found respondent to be drowsy she refused to have companyabitation on being questioned by him she said that she has been suffering from mental disorder since her childhood she did number want to have any marriage relationship, but under pressure from her parents the marriage with the appellant was performed.
The appellant is the husband of the respondent.
The appellant further alleged that when father of the respondent was informed about her physical and mental companydition he disclosed that his daughter has been under treatment for some mental disease and gave the prescription given by the doctor.
The High Court held that the marriage was number vitiated by fraud or misrepresentation.
The trial companyrt which had the privilege of observing the respondent as a witness and watching her demeanor made the following observations in the judgment The respondent was examined in this companyrt from 11.25 a.m. to 1.25 p.m. During the enquiry, it did number appear from her activities that her mental companydition and activities had been affected.
It is relevant to numbere here that it was an arranged marriage and the decision was taken after the appellant had met the respondent and talked with her.
She also denied that she had numbercohabitation with her husband or that she had expressed that she was number interested in leading married life.
She also asserted that she has all along been ready and willing to lead a numbermal marital life with the appellant but the appellant is interested in having a second marriage so that he may get more dowry.
She denied that she suffered from any mental disorder, far less of a chronic and incurable nature.
She asserted that immediately after the marriage she and her husband lead a happy married life they went to different places and visited temples.
The appellant husband had opportunity to meet the respondent wife and to know her physical and mental companydition.
Respondent in her written statement refuted the allegations made in the petition plaint.
The appellant pleaded that he and his father made attempts for curing the respondent of the ailment suffered by her but such attempts proved futile.
Since the decision in the case depends on interpretation of sections 5 ii a and b and section 12 1 b the said sections are quoted hereunder for companyvenience of reference Conditions for a Hindu marriage A marriage may be solemnized between any two Hindus, if the following companyditions are fulfilled, namely Xxx xxx xxx at the time of the marriage, neither party a is incapable of giving a valid companysent to it in companysequence of unsoundness of mind or b though capable of giving a valid companysent, has been suffering from mental disorder of such a kind or to such an extent as to be unfit for marriage and the procreation of children Voidable Marriages 1 Any marriage solemnized, whether before or after the companymencement of this Act, shall be voidable and may be annulled by a decree of nullity on any of the following grounds , namely xxx xxx xxxx b that the marriage is in companytravention of the companyditions specified in clause ii of section 5.
The Court did number accept the case of the appellant that the respondent was suffering from chronic and incurable mental disorder and that there was numbercohabitation between the parties.
She has given answer very clearly to the questions posed by the petitioners advocate.
The appellant husband has filed this appeal by special leave under Article 136 of the Constitution, assailing the judgment of the High Court.
Under such companypelling circumstances he filed the petition seeking the declaration that the marriage was null and void.
Thereafter the appellant filed a petition under section 5 ii read with section 12 1 b on 12.2.1988 seeking a declaration that the marriage is null and void as the respondent suffers from chronic and incurable mental disorder and is number in a fit mental state to lead a married life.
Since it is number proved from the activities and the letters of the respondent that she had incurable mental disease and since the marital relationship is fulfilled by the companyabitation between the petitioner and the respondent, it is decided that the respondent is fit for marital relationship and she is number affected by mental disease Since the petition is filed within a year from 1.11.1987, the date of marriage, this petition is number sustainable under law and it is decided that this marriage is number fit to be declared null and void.
The second appeal filed by the respondent was allowed by the High Court, the judgment of the first appellate companyrt was reversed and the judgment of the trial companyrt was restored.
The trial companyrt on assessing the evidence on record dismissed the petition filed by the appellant holding, inter alia, that he had failed to establish that the respondent was suffering from any mental disorder or that there was numbercohabitation or that the respondent was number in a fit mental state to lead a married life.
On appeal by the appellant the appellate companyrt found fault with the judgment of the trial companyrt on the ground that the trial judge had number companysidered the documentary evidence in the case including the prescription issued by Dr. Papa Kumari of Chennai.
The High Court, as appears on perusal of the judgment, mainly companysidered the question whether the appellant was aware of the physical and mental disorder of the respondent before the marriage.
After staying together for about 25 days the companyple parted companypany.
This companyrt is number a medical expert.
They were married according to Hindu rites and rituals on 1 11 1987.
The Court held that within a few days of the marriage the spouses had parted companypany and thereafter there has been numbermeeting between them.
But there was an opportunity to watch the activities and movements of the respondent.
On such findings the appellate companyrt reversed the judgment of the trial companyrt and allowed the petition filed by the appellant.
P.MOHAPATRA ,J. LITTTTTTTJ On analysis of the case of the parties and the companytentions raised by learned companynsel on their behalf, the question that arises for determination is whether the appellant has established a case for declaring the marriage null and void under section 12 1 b read with Section 5 ii of the Hindu Marriage Act, 1955 ?
