Indian Kanoon - Search engine for Indian Law

to 28.7.2004. The respondent husband thereafter went with the brother of the bride to his parental house at Sector VIII/B, Bokaro, and handed over his medical prescriptions. From the medical prescriptions, they came to know that the respondent husband was suffering from Bipolar Mood Disorder (mania) and he was also having the Astrial Septal Defect (ASD), i.e., the hole in the heart. The respondent husband also informed that for the last one week, he could not take Lithium tablet, and his disease re-appeared due to non-taking of tablets and salty food during the period of Chaturthi and he admitted that these facts were knowingly suppressed at the time of settlement of marriage with a greed to get a nurse wife (as the wife was working as a Nurse in a Heart Hospital in Delhi), and Heart Specialist as his brother-in-law. After coming to know about these diseases and the fact that the marriage was performed after fraudulently obtaining the consent of the parents of the bride, a Panchayati was also held, in which, they agreed for annulling the marriage and also returning the money but the money was not returned. Hence, the suit for annulment of the marriage by a decree of nullity of marriage, under Section 12 (1) (C) of the Hindu Marriage Act, being voidable marriage.

6. In course of trial, five witnesses were examined on behalf of the petitioner, whereas four witnesses were examined on behalf of the respondents. The documents were also proved in the Court below, including the cheques, which were given to the respondents and the bank statement showing the payments, which were marked as Exts.-7 Srs., and Ext.-6 respectively. P.W.1, Deo Chandra Jha, the father of the petitioner wife, P.W.2, the petitioner herself and P.W.3 Vijay Chandra Jha, the brother of the petitioner wife, are the most important witnesses, examined on behalf of the petitioner. These witnesses have fully supported the case of the petitioner and they have also stated that they were not informed about the illness of the respondent husband at the time of settlement of the marriage. These witnesses have also stated about the payments made at the time of shagun through cheques and cash, as also the other expenses in the marriage. P.W.1 and P.W.3 have also stated that they saw the respondent husband only in course of the settlement of marriage between 15.5.2005 to 18.5.2005 and he appeared to be fit, but they were not informed by the groom's side about the ailments of the groom. P.W.2, Kiran Kumari who is the petitioner herself, has also supported her case and has stated that the marriage was performed on 23.5.2005 and on 29.5.2005, the respondent husband was unable to walk and was trembling and he was not able to button or unbutton his shirt and taking food by spoon. On being asked, he disclosed that he was suffering from Bipolar Mood Disorder and that he has a hole in his heart and he was admitted in Suyash Hospital at Indore from 20.7.2004 to 28.7.2004. On 29.5.2005, the petitioner learnt that by hatching up a conspiracy, she was cheated and a mentally and physically ill boy was married to her and her 'Stridhan' of rupees five lakhs was kept by the respondents.

7. P.W.3 Vijay Chandra Jha, who is a Heart Specialist at Escorts Hospital, New Delhi, and also the brother of the petitioner, has also stated that after marriage, on 29.5.2005 the respondent husband disclosed that he was suffering from Bipolar Mood Disorder and for that he was taking Lithium and valporate tablets which he had left at his parents' place. He also showed him the documents of the hospital, which disclosed that he was suffering from Bipolar Mood Disorder and he was also having a hole in his heart and these facts were not disclosed at the time of settlement of the marriage. The other two witnesses examined on behalf of the petitioner have also supported the petitioner's case.

8. The respondents have examined four witnesses, out of whom, D.W.3 Shravan Kr. Jha is the respondent husband himself. The witnesses examined on behalf of the respondents have stated that both the parties were known from before and the marriage negotiation had started in the year 2002 itself. It is also stated that the petitioner's side had the knowledge of the ailment of the respondent husband from before. D.W.2, Jharkhand Jha, who is the father of the respondent husband, and D.W.3 Shrawan Kumar Jha who is the respondent husband himself, have stated in their evidences that before the marriage took place, the medical advise of the brother of the girl had also been taken by the respondent husband. However, no document with respect to this evidence has been proved by the respondents. In his cross examination, D.W.3 the respondent husband has admitted that the ASD closure operation was conducted at AIIMS New Delhi on 5.9.2005 (i.e., after the marriage) and he was discharged on 12.9.2005. He has also admitted in his evidence that one year prior to the operation, he was taking Lithium and Disvol tablets for Bipolar Mood Disorder. He has admitted that he was suffering from ASD since his birth, but he came to know about it for the first time at Indore during the treatment in Suyash Hospital and the doctor advised him for immediate surgical operation. This witness has also admitted in his cross examination that he was taking Lithium and Disvol tablets at the time of his marriage also, but he had stopped taking the medicines one week prior to the marriage, even though, the doctor had advised him not to stop the medicines. He has admitted that he had given his prescriptions to the brother of the petitioner (P.W.3) on 29.5.2005 and he had never given those documents to P.W.3 or Kiran Kumari or her father prior to that. He has also admitted that he was under treatment on 23.5.2005 (i.e., on the date of marriage). This witness has also admitted that prior to his marriage, he had no talks with the petitioner. D.W.4., Amrendra Kumar Jha, who is the brother of the respondent husband, has also supported the respondents' case. This witness has admitted receiving the payments through cheques, marked as Ext.-7 Srs., and has also admitted his signatures appearing on the back side of the cheques.