Judgment

B.P. JEEVAN REDDY, J.

(1) LEAVE granted.

(2) THE appellant instituted Matrimonial Suit (No. 51 of 1987 on the file of the Tenth court of the Additional District Judge, Alipore) for declaring her marriage with the respondent a nullity on the ground that her consent in the marriage was obtained by fraud within the meaning of Section 25(iii) of the Special Marriage Act, 1954. Her case was accepted by the learned District Judge who declared the marriage void. On appeal, a division bench of the Calcutta High court took the view that the appellant has failed to establish the fraud alleged by her. The respondents appeal was accordingly allowed and the appellants suit dismissed.

(3) AT the time of marriage, the appellant was 19 years old. She was a student of B.A. Respondent is far older in age. According to the appellant, he was more than 40 years of age at the time of marriage though the respondent himself contends that he was only 32 years old at that time. He was teaching music to the appellants elder sister until she was married. He was known to the appellants family for over a decade. The appellant was taking music lessons at which the resp