Thomas. J

A widower, father of three children, married again, but the wife after twelve years of married life sought to have the marriage annulled on the ground that her consent was obtained by fraud. Learned Single judge declared the marriage null and void. The fraud alleged is this: Before the second marriage, appellant (husband) had undergone vasectomy, but he did not disclose it to the respondent (wife). As she did not conceive for thirty months, she was anxious to know the reason. Appellant then divulged to her that he had undergone vasectomy before marriage. But he pacified her that he would undergo recanalisation. However, he later changed his mind and declined to undergo recanalisation. His excuse for this volte-face is that such a course is repugnant to Pentecostal faith to which he has subscribed on becoming a member of Assemblies of Church of God.

2. Though appellant contended that respondent was told about his vasectomy during marriage negotiation stage itself, learned single judge found, on evidence, that it was not disclosed to her earlier. Further contention of the appellant that she too did not want to bear children as she had rheumatic heart conditions, w