SEEMA AMBADAS KHEDKAR Vs. AMBADAS JAGANNATH KHEDKAR
HIGH COURT OF BOMBAY
Seema Ambadas Khedkar
Ambadas Jagannath Khedkar
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A.M. Dhavale, J. -
(1.) By consent, the learned Advocates are heard finally at the stage of admission.
(2.) This is an Appeal by a Hindu wife challenging the Judgment passed by Principal District Judge, Beed in Regular Civil Appeal No. 161/2016 on 06.01.2018, whereby, the Judgment of 2nd Joint Civil Judge, Senior Division, Beed in HMP No.133/2016 dated 17.11.2016 of dismissal of petition for annulment of marriage was set aside and decree for annulment of marriage was granted along with maintenance of Rs.1,000/- per month to the wife. The decree was granted on the ground that the consent was obtained by fraud by concealing the mental disorder of the wife.
(3.) The facts relevant for determining this Appeal lie in a narrow compass. The Appeal can be determined only on the basis of the procedure adopted by both the Courts below, but brief reference to the facts is deemed necessary.
The Appellant - Seema Ambadas Khedkar is original defendant and the Respondent - Ambadas is original petitioner (For the sake of convenience, hereinafter they are referred to by their first name as Ambadas and Seema).
Seema and Ambadas got married on 28.01.2012 as per Hindu Religious rites at Pimpalner, Tal. Shirur (Kasar), Dist. Beed. Ambadas claimed that the maternal relatives of Seema had given him to understand that Seema was physically and mentally normal, clever and a cultured girl.
After the marriage, Seema started co-habiting with Ambadas at Shirasgaon, Tal. Shrirampur. Immediately thereafter, Ambadas noticed strange behaviour of Seema, showing signs of insanity. She was sleeping throughout the day and was not listening to anybody and was not doing any work. She was staring at fixed points, was talking to herself and used to get angry. She used to leave the night without informing anybody and the petitioner was required to bring her back. About one month after the marriage, Ambadas saw father of Seema providing him medicine. Initially, it was represented that she had headache problem and the medicines were for curing the headache. But when on 2nd March, 2012, Ambadas took Seema to Psychiatric Dr. Kailash Zalani at Ahmednagar, on enquiry by Ambadas, Dr. Zalani told him that Seema was his patient suffering from mental illness for 10 years prior to marriage and her mental condition was not curable. Ambadas learnt that he was deceived by suppression of material facts. On the next day, Seema was called by her maternal relatives on the ground that her cousin had died due to heart attack. In the meeting held between family of Ambadas and family of Seema, these facts were narrated by Ambadas to the maternal relatives of Seema, but they opposed and threatened him. On 07.03.2012, Seema was taken away by her uncle and since then, she is residing at her maternal house. Accordingly, the petition was filed on 30.10.2012.
The respondent appeared and filed say Exh. 23. She denied the allegations about the mental illness and claimed that in order to obtain divorce, the grounds are concocted. She was subjected to ill-treatment and dowry demand of Rs. 2,00,000/- for purchasing a vehicle. As her husband was not ready to maintain her, she was required to approach the Court for maintenance. Hence, the petition should be dismissed.;
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