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2014 Supreme(AP) 4

IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD
L. NARASIMHA REDDY AND M.S.K. JAISWAL, JJ.
S. Mahender
v.
Shalini
FCA No. 196 of 2009
Decided on: 2.1.2014

Advocates Appeared:
G.V. Mohiuddin, Counsel for the Petitioner; (Mrs.) S. Vani, Counsel for the Respondent.

Headnote:(A) Hindu Marriage Act 1955 - Section 12 (1)(c) – Divorce on ground of suppression of ailment— Mere failure on part of husband to inform that he was suffering from psoriasis cannot be treated as an act of fraud---Marriage cannot be annulled.

       (B) Civil Procedure Code 1908 - Order 6 Rule 4 - Fraud must be proved by adducing necessary details - Pleading must be detailed in this regard.

JUDGMENT

L. NARASIMHA REDDY, J.

The appellant is the husband of the respondent. Their marriage took place on 10.2.2005. The respondent filed FCOP No. 143 of 2006 in the Family Court, Hyderabad, against the appellant, under Sections 12(1)(c) and 27 of the Hindu Marriage Act, 1955 (for short 'the Act'), for annulment of the marriage. She has also prayed for return of a sum of Rs. 6,50,000/- said to have been given as dowry and Rs. 5,00,000/- towards cost of gold, silver and other articles said to have been presented at the time of the marriage.

2. The ground pleaded by the respondent was that the appellant and his family members suppressed a vital information about him at the time of marriage viz., that he is suffering from psoriasis. It was stated that she has been subjected to serious harassment ever since the marriage on the ground that she did not bring adequate dowry and despite that she continued to live with the appellant. She alleged that the appellant never permitted her to see his body and he used to wear full sleeves shirts, and switch off the light during night hours. According to the respondent, she switched on the light during night when the appellant was sleeping and she was shocked to see that his skin was peeling off and that immediately she fainted. She further stated that on being questioned, the appellant replied stating that he is suffering from psoriasis for the past two years and that he is taking treatment from Dr. D.B.N. Murthy.

3. The respondent stated that she left the matrimonial home in December, 2005 and at a meeting of the members of their families, the appellant admitted that he is suffering from psoriasis, but the elders opined that it is not a ground for divorce at all. Ultimately, she pleaded that the marriage is liable to be dissolved, on account of the suppression of the vital information and that had she known about the same, she would not have agreed for the marriage with the appellant.

4. The appellant filed a counter opposing the O.P. He denied all the facts pleaded in the O.P. He stated that himself and the respondent were living happily, so much so, the respondent became pregnant, but she got it terminated, despite his opposition. He further stated that he never took treatment with the doctors mentioned in the O.P. According to him, on the advice of elders, he once went to a doctor and after verification, some medicines were prescribed observing that it would be cured very soon.

5. The trial Court allowed the O.P. through its order, dated 12.3.2009. Hence, this appeal under Section 19 of the Family Courts Act, 1984.

6. Sri G.M. Mohiuddin, learned Counsel for the appellant, submits that the O.P. was not maintainable in law, since the ingredients of Section 12 of the Act are totally absent in it. He contends that 'psoriasis', even if exists in a spouse, is not a ground for divorce. Learned Counsel further submits that the allegation of the respondent that the appellant always covered his body is not correct. He submits that at the time of the marriage, ceremonies are performed where the bridegroom is required to remove his shirt and that after marriage also, the families went to Komaravelli, where during Abhishekam his shirt was removed and nothing objectionable was noticed at any point of time. He contends that the psoriasis, wherever it exists aggravates periodically and that it does not hinder any human activities.

7. The learned Counsel further submits that the plea as to suppression of the vital information was not at all proved. Alternatively, he submits that the O.P. is barred, since it is not presented within the time stipulated or because the spouses lived together even after the respondent is said to have noticed the psoriasis on the appellant.

8. Mrs. S. Vani, learned Counsel for the respondent, on the other hand, submits that though 'psoriasis' may not be a disease that warrants divorce, the plea raised by the respondent is that at the time of settlement of the marriage, vital informat















































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