( 1 ) THIS appeal has been preferred against the judgment and decree passed by Shri P. K. Chanda, Judge, Third Bench of the City Civil Court at Calcutta in Matrimonial Suit No. 8 of 1968, refusing the prayer of the husband to annul his marriage with the opposite party respondent by decree of nullity on the grounds stated hereafter.

( 2 ) THE appellant and the respondent are both Hindus by religion. They were married on the 8th March, 1967, at Kiabani a village in the district of Midnapore, according to Hindu rites. Both the parties hailed from the same district. The husband's village is at Tatarpur about 25/30 miles from Kiabani. The respondent and her father live at Chandrakona another village within the district of Midnapur. Kiabani is the village where the uncle of the respondent resides.

( 3 ) IN December, 1967, the husband filed an application under Section 12 (1) (b) read with Section 5 (ii) of the Hindu Marriage Act, 1955, with a prayer for decree of nullity on the ground that the respondent was a lunatic at the time of her marriage and that the said fact was suppressed.

( 4 ) THE husband alleged that the wife was a girl of unsound mind at the time when she