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1983 Supreme(Del) 181

M.L.JAIN
FRAVIN KUMARI – Appellant
Versus
MAN MOHAN KUMAR – Respondent


M. L. Jain, J.

( 1 ) THE parties were married on 18-1-1979. A petition was filed by the husband on 15-91980 against the wife for annulment of marrigge under Section 5 (1) (c; and Section 11 of the Hindu Marriage Act, 1955, on the ground that the wife suffered recurrent attacks of epilepsy and this fact was concealed from the husband and his consent was obtained by fraud. The learned Addi. District Judge found that the allegation of the husband was correct and annulled the marriage by his order dated 4-12-1982. Hence, this appeal.

( 2 ). Barely nine/ten days after the marriage Dr. M. L. Arora had referred here by his letter dated 27-2-1979 for treatment to G. B. Pant Hospital. From the record brought by Dr. S. R. Jairam of the said Hospital, it was disclosed that Dr. Barua had examined her on 1-3-1979 and found that she was suffering from epilepsy. She also produced one witness Dr. M. N. Passy of the Hindu Rao Hospital, who was a Senior Physician. He examined her on 20-9-1982. He found her to be suffering from epilepsy and she was under his treatment as indoor patient from 7-1-1980 to 15-1-1930. Though he stated that it was a curable disease, all the same, the Doctors on either side



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