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1975 Supreme(J&K) 4

D.D.THAKUR
Sarla Rani Gupta – Appellant
Versus
Bhushan Lal – Respondent


Advocates Appeared:
Advocate For Appellant: S.P. Gupta
Advocate For Respondent: Davinder Parihar

ORDER:- The petitioner who was married to the respondent on 3-2-1972 filed an application on 25-3-1972 under Sec. 12 of the Hindu Marriage Act in the court of the District Judge, Jammu for a decree annulling the marriage on the ground that the respondent was a lunatic at the time of the marriage and continued to be so on the date the presentation of the petition. The allegation regarding lunacy was denied by the respondent in the written objections filed him through his guardian. On 28-8-1973 court framed the following issues in the petition: -

1/- Whether the respondent was a lunatic on the date of the man and continued to be so at the time of the presentation of the petition? O. P, P.

2/- Whether the consent of the petitioner was obtained by fraud? O. P. P,

3/- To what relief is the plaintiff entitled? O. P. P.

2. The petitioner was asked to lead evidence on these issues. Some of the witnesses for the petitioner appeared before the court below whose statements were recorded. On 28-8-1973 the petitioner made an application before the court below that the respondent was posted at Srinagar but on account of his lunacy he had left the place of his posting and beca











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