ORDER :

1. Leave granted.

2. The respondent-husband had filed a suit seeking a declaration of nullity of marriage under Section 19(3) of the Indian Divorce Act, 1869 (hereinafter referred to as the 'Act') against the appellant-wife on the ground that she was a lunatic at the time of marriage. Both the parties cited witnesses. As far as the respondent-husband is concerned he had called a Doctor (PW2) who claimed to have treated the petitioner before the date of her marriage. In addition, he also called his neighbour (PW4). The Trial Court, however, rejected the application of the respondent-husband holding that the evidence of the Doctor produced by the respondent was not credible. The learned Trial Judge found discrepancies and contradictions in the documentation said to have been maintained by the witness (namely, PW2) in coming to the conclusion that the PW2's evidence that the appellant was suffering from paranoid schizophrenia was unacceptable. On the other hand, the Trial Court relied upon the evidence of the wife's witness (RW2) who was a Psychiatrist by profession and who had not only examined the appellant but had also sent for her for further examination by getting a Psychom