JUDGMENT - 1. This is a second appeal against the Judgment and decree passed by the learned District Judge, Poona, in Civil Appeal No. 646 of 1967 on his file from the decree in Marriage Petition No. 18 of 1963 of the Court of the Civil Judge (Senior Division), Poona. It arises this way.

2 The appellant-petitioner was married to the respondent at Poona on 30th March 1962 according to Hindu religious rites. The petitioner alleged that during the negotiations as well as at the time of the solemnization of the marriage the respondent and her parents not only concealed the fact that she was suffering from epilepsy since childhood but also misrepresented to him and his father that she was quite healthy. Within a fortnight after the marriage which was consummated in the first week of April 1962, the respondent started getting epileptic fits. These fits recurred in the months of April, May and June at an interval of about a fortnight. The petitioner further alleged that in the first week of July 1962, he, for the first time, realised that the respondent was suffering from epilepsy which was an incurable disease and, therefore, he took her to the place of her elder sister Mrs. Deshpande in

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