( 1 ) ON the 8th September 1955 the petitioner Anath Nath De filed this petition under the Hindu Marriage Act of 1955 for a declaration that his marriage with the respondent Lajjabati Devi is null and void. In the petition the uncle and two brothers of Lajjabati Devi are impleaded as defendants.

( 2 ) THE undisputed facts leading to this unfortunate litigation is as follows: Sometime in January 1955 negotiations for marriage between the parties were opened through a match-maker. At the end of December 1954 or on the 1st or 2nd of January 1955 the terms as to the marriage regarding cash dowry and other things were settled. The petitioner was represented by his mother and his elder brother. The respondent was represented by her mother and her brothers.

( 3 ) ON 6-2-1955 the Ashirvad ceremony took place at the house of the respondents. In that ceremony the maternal uncle and the elder brother of the petitioner were present.

( 4 ) ON 13-2-1955 the marriage was solemnised. On the 20th February 1955 the respondent went back to her brother's house. After her return she had an attack of fever.

( 5 ) IN or about April 1955 it was discovered after examination that she suffe