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1969 Supreme(Bom) 15

G.N.VAIDYA
Dastane Narayan Ganesh – Appellant
Versus
Dastane Sucheta Narayan – Respondent


Judgement Key Points

Key Points: - The trial and appellate courts considered whether consent to marriage was obtained by fraud and whether wife suffered from schizophrenia (!) (!) (!) (!) . - The Supreme Court held that consent was not obtained by fraud and that the wife was not suffering from schizophrenia, affecting nullity/divorce grounds (!) (!) (!) . - The Court analyzed whether husband’s conduct amounted to condonation of cruelty, affecting the grant of judicial separation under Section 10(1)(b) (!) (!) (!) (!) . - The judgment discusses the standards for cruelty in matrimonial law, including legal tests established post-1964, and applies them to the facts (!) (!) (!) (!) . - The final result: second appeal dismissed; decree for judicial separation affirmed as not substantiated, and relief denied (!) .

What is the validity of the husband's claim that his consent to the marriage was obtained by fraud?

What is the status of the wife's alleged schizophrenia and its effect on whether the marriage was voidable or the cruelty claim?

What is the proper application of condonation and cruelty in granting or denying judicial separation under the Hindu Marriage Act?


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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