( 1 ) THE appellant, Asha Srivastava, was married to R. K. Srivastava on May 2, 1976 according to Hindu rites. On August 24, 1976, the respondent filed a petition under Section 12 (1) of Hindu Marriage Act (for short the Act ) tor annulment of the marriage by a decree of nullity. This relief was claimed on the allegations that after the marriage the appellant was taken to the respondent s house. Her behaviour was found abnormal not expected of a sane person. She did not respond to the salutations of the relations and kept on gazing and it appeared that she was not mentally sound. After a day or two of the marriage, she broke down the crockery lying in the house and tore the clothes. The marriage was not consummated as she was always cold. On enquiry it was revealed that she was im- potent and mentally disordered and that the consent of the respondent for this marriage had been obtained by playing fraud and making misrepresentation that the appellant was potent and enjoyed perfect health.

( 2 ) THE appellant resisted this application. She denied that the consent of the respondent to the marriage was obtained by fraud or misrepresentation. The respondent and his mother had seen the

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