( 1 ) THE petitioner husband has filed this appeal under the Hindu Marriage Act 1955 hereinafter referred to as the Act as his original petition for obtaining decree of the nullity of his marriage or for divorce had been dismissed by the trial Court.

( 2 ) THE short facts Which have given rise to this appeal are as under:the petitioner and the respondent are Brahmins by caste. The petitioner is deaf and dumb from the birth. the petitioners father originally resided at Umreth while the original place of residence of the respondent is Vaso. But the parents of both parties had been residing at Ahmedabad since many years. According to the petitioner he was married to the respondent at Vaso on 15th April 1954 according to the religious rights and as per the custom of the community It is the petitioners case that he relied upon the representations made by the respondents father to the petitioners father. After the marriage the respondent came to reside with the petitioner when he found that her mental condition was defective and she was insane and did not know how to lead a married life with the petitioner. These facts were not known to the petitioner at the time of the ma