Important Point - The judgment of the Family Court is hereby set aside. The petition filed by the husband for annulment of marriage under Section 12(1)(c) of the Hindu Marriage Act is allowed. The marriage between the parties stands annulled under the provisions of Section 12(1)(c) of the Act.

VASANTI A. NAIK, J.

1. By this Family Court Appeal, the appellant husband has challenged the judgment of the Family Court, Akola, dated 5th July 2011, dismissing the Petition filed by the appellant for a declaration that the marriage between the appellant and the respondent wife is null and void, under the provisions of Section 12(1)(c) of the Hindu Marriage Act. By the said judgment, the alternate prayer of the appellant that a decree of divorce may be granted, under Section 13 (1)(ia) and (v) of the Hindu Marriage Act, was also rejected.

2. Few facts giving rise to the petition are stated thus: The appellant husband (hereinafter referred to as ‘the husband’) was married with the respondent wife (hereinafter referred to as ‘the wife’) at Khamgaon, on 10.06.2009, as per the customs prevailing in the community The husband and the wife belong to the Buddhist community. After the marriage, the wife started residing in the matrimonial home, at Akola. In the petition filed by the husband for a declaration that the marriage is a nullity and/or for a decree of divorce on the ground of cruelty, it is pleaded by the husband that within three months of the marriage, the wife was taken by her mother and sister to Khamgaon, for rest. It is pleaded that there was a telephonic call from the father of the wife to the husband on 11.10.2009 to immediately come to Khamgaon as the wife was hospitalized in the hospital of Dr.Umesh Badhe at Khamgaon. According to the husband, he went to Khamgaon at about 1.30 pm, as he was anxious to know about the health of the wife. It is pleaded that the husband became aware that the wife was suffering from a serious problem concerning her health. It is pleaded that the wife was then referred to Ashok Hospital at Akola, on 14.10.2009 and after conducting various tests, such as, CT scan, Xray, blood reports, it was suggested by Dr.Agrawal that the wife should be referred to Ozone Multi Speciality Hospital and Critical Care Centre, in Akola, for treatment. The wife was admitted in the Ozone Hospital in the Intensive Care Unit at about 10.00 pm. It is pleaded that the past history of the wife revealed that she was treated by the Doctors at Khamgaon, mainly, Dr.Umesh Badhe and it was found that the wife was suffering from incurable disease ie, ‘Sickle Cell Anemia’. The husband pleaded that sickle cell anemia is hereditary and it was explained in the petition as to what are the causes and the symptoms of the said disease. After explaining about the disease, it was pleaded that the children of the person suffering from sickle cell anemia, are often smaller than the other children whereas the adults with sickle cell anemia are often slender and smaller in size than the normal adults. It was pleaded that two forms of strokes could occur in people suffering from sickle cell anemia one form could occur when the blood vessel in the brain is blocked and the other form could occur when the blood vessel in the brain bursts. It is pleaded that a person suffering from sickle cell anemia could suffer a stroke. It is pleaded that the wife was suffering from sickle cell anemia and as a result of the same, she had a paralytic attack and was hospitalized for long. It is pleaded that in the Ozone Hospital several tests were performed on the wife and it was confirmed from the reports like MRI, brain test, CT scan, Xray, blood reports etc. that the wife suffered from sickle cell anemia and paralysis. It is pleaded that when the wife was taking treatment in Ozone hospital, she was suffering from paralysis. It is pleaded that within three months of the marriage, the aforesaid incidents occurred and on making enquiries, it was revealed to the husband that at the time of marriage the wife as well as her paternal relatives knew that the wife was suffering from sickle cell anemia but without disclosing the said fact to the husband, the husband’s consent for the marriage, was secured. It is pleaded that the husband became aware on enq