The concealment of a material fact, such as one's actual age, constitutes fraud under Section 17 of the Indian Contract Act, 1872, which is applicable to the Special Marriage Act, 1954.

( 1 ) THIS First Appeal arises for the suit being decreed under Section 25 of the Special Marriage Act, 1954, by the ld. Additional Dist. Judge in Matrimonial Suit No. 32 of 1990 on 18th of January, 1992, followed by a decree dated 10th of February, 1992.

( 2 ) THE case represents the broken heart of the two spouses who laboured hard for 8 years to be united. It has now become a harrowing tale which requires elucidation as the husband wants to avoid the marital tie via Court by a decree.

( 3 ) THE undisputed facts of the case are that the petitioner and the respondent, both co-employees of the 'aajkal Patrika' though of different religion developed intimacy with each other which culminated in a marriage between the two on 17th of June, 1988, in substantial compliance with the provisions of the Special Marriage Act, 1954.

( 4 ) CONSUMMATION of marriage was allegedly stalled by her from the inception of marriage for two reasons : (i) transfer of properties of her mother-in-law in her favour; and (ii) embracing of Christianity.

( 5 ) THERE was such hostility demonstrated by the relations of the petitioner, who underwent such a marriage with a woman of opposite religion. Hopes interwoven in her mind that a maiden visit by her along with the petitioner to his paternal home would dissipate all unhappiness. The claim was initially deferred. It was substituted by a claim of her to snap of all connections with his relations.

( 6 ) THEY were alien to each other despite marriage, in religion, as the respondent, in defiance of marital bond, retained her surname. It was a glaring example of her alienation from the marital life.

( 7 ) TO make her claim amenable, the 8 petitioner advised her to forsake the path of hostility. It would be a harbinger of peace as the parents might be favourably disposed of to her claim.

( 8 ) THE visit to the residence of the parent-in-law on 24-10-1988 i. e. on the day of "kojagari Lakshmi Puja" cast a gloomy reflection.

( 9 ) HER mind since saturated with aversion to Hindu faith, she became a victim of a religious psychosis. Her apathy filled to the brim and the hope of marital peace doomed.

( 10 ) THE marital home never became the bed of roses. Even the unbriddled endeavour of the colleagues could not make up the differences. Both decided to cross their swords on various grounds among which manipulation of age of the respondent by her was one of the dominant factors. It was a mental sore for the petitioner who had no knowledge of her actual age. To add insult to the injury, the persistent wilful refusal to consummate the marriage by the respondent crept in openly and the marital harmony torn to pieces. The claim founded on the non-consummation of marriage and fraud perpetrated by her drove the petitioner to Court, as he, on the fulfilment of statutory conditions, craved for justice in the shape of annulment of marriage.

( 11 ) THE respondent in her written statement has launched a major offensive that allegations are frivolous. The age was not manipulated but lowered of which the petitioner was the prime moves. It was the aim and object of his not to render the marriage with infamy, as the disclosure of the actual age might disdain them before the relations.

( 12 ) IN her written statement, she has claimed that the consummation of marriage is a proven fact. The longing for transfer of property of his mother in her favour, as alleged is a travesty of fact. The aborrence, infidelity and aversion are convenient pleas to suit his objectives.

( 13 ) THE petitioner's attempt to filch money from her when resisted was the premonition of all evil which triggered off the dispute.

( 14 ) THE ld. trial Court framed six issues and answered the claim of non-consummation of marriage and fraud in the affirmative when this Appeal spiralled up to this Court for reversal of judgement and decree.

( 15 ) MR. Rakhit, the ld. Advocate, appearing in support of the Appeal for the wife, has argued