The burden of proof for impeaching a marriage on the ground of want of consent is heavier than in the case of impeaching a commercial contract.

K.A. Mohamed Shafi, J.

This O.P. is filed by a Christian husband to declare his marriage with the respondent is a nullity under S.19 of the Indian Divorce Act.

2. The petitioner married the respondent on 8.2.1987, in accordance with Christian rites and ceremonies. It was an arranged marriage. After marriage, they lived together in the house of the petitioner for 3 days and thereafter in the house of the respondent for 3 days. Subsequently, they went to Indore. The petitioner has contended that after 4 weeks of living in Indore, the respondent showed signs of mental illnesss and therefore she was taken to a Homoeo Doctor at Indore who said that she may be suffering from home sickness. The parents of the petitioner was informed and her father, mother and sister went to Indore and gave some medicines to the respondent. When the condition of the respondent was improved, the father and sister returned first. Subsequently the mother also returned. Again she became ill. As she insisted that she should be taken back home, the petitioner took the respondent to the native place in train. While travelling in train, the respondent informed the petitioner about her mental illness and treatment by Dr. Ramachandran, Thiruvananthapuram much prior to her marriage with the petitioner. The petitioner contended that after reaching the native place, it was confirmed by consulting the doctors that the respondent was suffering from mental illness and she was undergoing continuous treatment for the illness before and at the time of marriage. According to the petitioner, the respondent and her relations played deliberate fraud upon him in not disclosing the mental illness of the respondent to him before the marriage. Therefore, he contended that his consent for the marriage was obtained by the respondent and her relations by playing deliberate fraud upon him. He also contended that in case he was informed of the mental illness of the respondent he would not have consented for the marriage. Therefore, he sought for a declaration of his marriage with the respondent as nullity under S.19(3) and proviso to S.19 of the Indian Divorce Act on the ground that the respondent is insane and his consent for the marriage was obtained by playing deliberate fraud upon him.

3. The respondent has contended that she is not suffering from any mental illness and she has suffered a mild mental depression, when she did not succeed in getting an employment after her graduation. Hence for that she has consumed very small dose of medicines. According to her, she was completely cured of the illness thereafter. But when she went to Indore along with the petitioner after marriage, as she was far away from her native place, various difficulties arose. According to her, the climate and food habits were changed. There was no servant to assist her. She was in the early stage of pregnancy. Her parents and relations were far away. Nobody in Indore knew her language and therefore she had to suffer-some mental anxiety. She further contended that the petitioner without taking her to the Phychiatrist and Gynaecologist, took her to the Homoeo Doctor who said that she may be suffering from home sickness. She further contended that she is not suffering from any mental illness and there was no mental illness before or at the time of marriage, so as to enable the petitioner to claim nullity of marriage under S.19(3) of the Indian Divorce Act. She has also contended that absolutely no fraud is played by her or her relations in obtaining the consent of the petitioner for the marriage and therefore the petitioner is not entitled to claim a decree for nullity of marriage on the ground of playing fraud in obtaining his consent under the proviso to S.19 of the Indian Divorce Act.

4. PW's 1 to 6 were examined and Exts. Al to A7 were marked for the petitioner. RW's 1 and 2 were examined for the respondent.

5. In order to obtain a decree of nullity of marriage under S.19(3) of the Indian Divorce