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Documents citing B.N. Panduranga Shet vs S.N. Vijayalaxmi on 1 April, 2003

Prakash Kumar Bachlaus vs Smt. Chanchal @ Jaya on 23 January, 2007

11. The same was seriously and vehemently opposed by Mr. R.K. Agarwal, learned Counsel appearing for the respondent wife who submitted, relying on various case laws that no fraud was played upon by the respondent wife or her family members and before marriage she was interviewed and talked at length by the family members and appellant husband. Moreover, Gilbert syndrome is no illness and one can lead a normal life with that and even paranoid schizophrenia in the case of respondent wife was of mild nature and with the constant treatment, the wife was absolutely cured and was leading a normal life, of course with separation from her husband. The incidents pointed out by the appellant husband though denied in the written statement and evidence by the respondent wife, even if taken to be true only amounted to "ordinary wear and tear of the marriage life" and such incidents could happen in any married life. He submitted that the wife was absolutely normal and was ready and willing to go to her matrimonial home and the appellant husband had deliberately and wrongly kept her out of the matrimonial home and, therefore, the appellant husband was not entitled to any decree of annulment or divorce as claimed and the appeal deserves to be dismissed with costs. He relied upon the judgments in case of Ram Narain Gupta v. Smt. Rameshwari Gupta ; R. Lakshmi Narayan v. Santhi ; B.N. Panduranga Shet v. S.N. Vijayalaxmi ; Smt. Rita Roy v. Sitesh Chandra ; and Raghunath Gopal Daftardar v. Sau. Vijaya Raghunath Daftardar . He mainly submitted on the strength of these judgments that the degree of mental disorder which must be proved should be such which renders it impossible for spouses to live with each other and such standard of proof is strict and it cannot be claimed that before the Family Court where lawyers' appearance is not allowed, the degree of proof may be less burdensome, though the procedure adopted by the Family Court may be of summary nature. He also denied the allegations of fraud against the wife or her family members and relying on Bombay High Court decision he submitted that mere non-disclosure prior to marriage or concealment of curable disease of a girl and false representation that she was healthy does not amount to fraud within the meaning of that word used in Section 12(1)(c) of the Act and no decree of annulment could be given on that ground.
Rajasthan High Court - Jaipur Cites 19 - Cited by 2 - V Kothari - Full Document
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