The main legal point established in the judgment is the affirmation of the finding that the appellant/wife is suffering from paranoid schizophrenia and is incurably of unsound mind, leading to the declaration of the marriage as void and the award of permanent alimony.

As per Hon'ble Sbri Prasbant Kumar Misbra, J. :-

1. The present appeal under Section 19(1) of the Family Courts Act, 1984 (henceforth 'the Act, 1984') has been preferred by the appellant/wife challenging the judgment and decree passed by the 1st Additional Principal Judge, Family Court, Raipur allowing respondent/husband's application under Section 5 read with Sections 11 and 12 of the Hindu Marriage Act, 1955 (henceforth 'the Act, 1955') and thereby declaring the marriage between the parties solemnized on 15-2-2002 as void.

2. The respondent/husband preferred the subject application under Section 5 read with Sections 11 and 12 of the Act, 1955 on the pleadings inter alia that the parties were married at Raipur on 15-2-2002 and after completion of the ceremony and departure of the relatives, the husband did not get any opportunity to have intimacy with the wife. They went to Devbhog to his sister's house and there because the house was big a separate room was made available for them. The husband tried to initiate physical relation, however, the wife behaved abnormally and refused to have sexual intercourse. Her brother, on being informed, came to their house and gave severe beatings to his sister (the appellant/wife). Narrating other incidents, the respondent/husband, in substance, pleaded that the wife is suffering from schizophrenia and has a 'CYST' and is not able to procreate.

3. It is further stated in the application that the appellant/wife left her marital house and went to her parental house without informing the respondent/ husband and since thereafter she has not returned to her marital house. The subject application for declaring the marriage as void was filed on 11-2-2003. The appellant/wife submitted her reply and denied the allegations made in the application filed by the respondent/husband. It was stated in the reply that the respondent/husband has administered some medicines and because of that the appellant has fallen ill and that she is not suffering from any disease which may be termed as schizophrenia or mental disorder.

4. On the basis of the pleadings made by the parties, the family Court framed issues as to whether the appellant/wife suffers from recurrent attack• of insanity and has been suffering continuously or intermittently from mental disorder of such a kind and to such an extent that the applicant/husband cannot reasonably be expected to live with the non-applicant/wife and also that the non-applicant is incurably of unsound mind. Issue regarding non-consummation of marriage due to impotence of the wife was also framed. After discussing the evidence available on record, the family Court has decided all the issues in favour of the respondent/husband and against the appellant/wife.

5. Before proceeding to deal with the evidence and the correctness of the findings recorded by the family Court, this Court shall address itself to the' relevant provisions of law under which the relief has been sought for by the respondent/husband. '

6. Since the decision in the case depends on interpretation of Section 5(ii)(a) and (b) and Section 12(1)(b) of the Act, 1955, the said sections are quoted hereunder for convenience of reference:

"5. Conditions for a Hindu marriage - A marriage may be solemnized between any two Hindus, if the following conditions are fulfilled, namely:-

(i) xxx xxx xxx xxx

(ii) at the time of the marriage, neither party -

(a) is incapable of giving a valid consent to it in consequence of unsoundness of mind; or

(b) though capable of giving a valid consent, has been suffering from mental disorder of such a kind or to such an extent as to be unfit for marriage and the procreation of children;

12. Voidable Marriages - (I) Any marriage solemnized, whether before or after the commencement of this Act, shall be voidable and may be annulled by a decree of nullity on any of the following grounds, namely -

xxx

xxx

xxx

xxx

(b) that the marriage is in contravention of the conditions specified in Clause (ii) of