JUDGMENT - 1. This second appeal raises novel and difficult points with regard to the relations between a modern educated husband and his wife in Hindu Society.

2. The appellant in this appeal is the husband Dr. Narayan Ganesh Dastane. The respondent is his wife Mrs. Sucheta Narayan Dastaoe. They were married according to Vedic rites on May 13, 1956 in Poona. A daughter Shobha was born on March 11, 1957, a second daughter Vibhavari was born on March 20, 1959, and before the third daughter. Prabha was delivered, the husband and wife unfortunately fell out as it is undisputed that they have been living separately from each other since March 1961.

3. On February 19, 1962, the appellant filed the petition from which the present second appeal arises. In that petition the appellant prayed in the first instance for a declaration annulling the marriage under Section 12 (1) (c) of the Hindu Marriage Act on the ground that the consent of the husband for the marriage was obtained by fraud. According to the husband, the wife was suffering from schizophrenia and she was treated in the Mental Hospital Yeravda some time in the year 1954; but schizophrenia was an incurable and dangerous form of unso

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