SWARAN LATA Vs. SUKHVINDER KUMAR

JUDGEMENT

(1.) ON 4th November, 1985. reconciliation was again tried. The husband was not prepared to pay any thing more than Rs. 10,000/ - to put an end to the claim of the wife with regard to the return of dowry and permanent alimony so that the wife could withdraw her appeal against the decree of divorce. The wife was not prepared to settle the matter on small amount of Rs. 10,000/ -. Her case was that her father had spent over Rs. 50,000/ - in marriage and if R. 50,000/ - were paid to her she may not press her appeal. Since the husband was not prepared to pay any thing more than Rs. 10,000/ -, the dispute could be amicably settled and the case was adjourned for today for arguments.

(2.) THE parties were married at Delhi on 29th May, 1981. The husband belongs to Yamunanagar, where he, according to his own case, is a teacher earning Rs. 150/ - per month in the school run by her sister; whereas according to the wife's case, which is supported by affidavit, he is the owner of the school and his monthly income is not less than Rs. 3,000/ -. According to the affidavit of the wife, the husband owns 2/3 shops from which he has rental income. No counter affidavit was filed by the husband either in the Court below or in this Court to deny the averments made by the wife in regard to his ownership of the school and income from the school.

(3.) IN November, 1980, the husband and his family members had seen the girl in Delhi, and when she was approved, some ceremonies were performed and the marriage took place six months thereafter on 29th May, 1981. On 25th November, 1981, the husband filed a petition for annulment of marriage under section 12 of the Hindu Marriage Act, 1955 (for short the Act'). On the plea that his consent for marriage was obtained by fraud and misrepresentation of facts inasmuch as the girl whom he was to marry was represented to be a beautiful, healthy and was not suffering from any disease. While the marriage party was coming from Delhi to Yamunanagar on the way she vomitted and in the vomitting there were blood traces. Dr. S. B. Gulati treated her at Yamunanagar and ultimately diagnosed that she was suffering from T. B. Then she was taken to T. B. Hospital at Ambala, where it was confirmed that she was an old patient of tuberculosis (T. B.). Thereafter, the wife was taken to Delhi by her relations where also it was found that she was suffering from T.B. Since the fact of her suffering from T. B. was withheld from him, the husband claimed that he was defrauded and sought a decree for nullity of marriage.