The duty of the court to follow proper procedures and consider medical evidence in cases involving allegations of unsoundness of mind.

P.D. Dinakaran, J.

The above appeal is directed against the order dated 1. 2002 passed in F.C.O.P.No.40 of 1999 on the file of II Additional Principal Judge, Family Court, Chennai, annulling the marriage between the petitioner and the respondent that took place on 2. 1998 on the ground that the respondent wife has been subjected to recurrent attacks of insanity, the consent of the petitioner husband for marriage was obtained by fraud and the respondent wife was pregnant at the time of marriage through some other person.

2. Facts, in nutshell, are as follows:-

2. 1. The marriage of the petitioner husband with the respondent wife, which was an arranged one, was solemnized on 2. 1998 at Hotel Kanchi, Chennai, according to Hindu rites and customs. It is alleged in the petition filed by the petitioner husband that even during nuptials, which was arranged in the house of the respondent wife, she was restless and she took some tablets and after some time, she was drowsy and immediately went to bed. It is also alleged that the marriage is not consummated.

2. 2. It is the case of petitioner husband that the respondent wife was taken to the doctors, who treated her for mental illness and Dr. Mathrubootham, a psychiatrist, advised that she should be treated by a psychiatrist constantly.

3. It is further alleged that one night, the respondent/wife woke up and shouted that "Salim, I am pregnant, my baby is dead and I have suffered abortion. I am having stomach pain and I dont like this (mangalyam)," and then, she removed the thali and threw it away. It is stated that in a temple called "Sri Angalaparameswari Temple", the respondent/wife claiming that she is Angala Parameswari, shook her head vigourously and started to distribute pongal without minding the heat of it.

4. It is stated that the consent of the petitioner /husband for marriage with the respondent/wife was obtained by fraud suppressing fact that she is suffering from unsoundness of mind. Hence, the petitioner/husband filed the petition to declare the marriage between them as a nullity, null and void ab initio.

1. The respondent/wife denied all the allegations by filing a counter-affidavit stating that she is fully capable of filing a counter and she need not be represented by her father as stated in the petition.

2. It is her case that only at the insistence of the petitioner/husband she was taken to the doctor who gave her mild sedative and later, declared her be fit and well.

3. She has stated that she went to Sri Angalaparameswari Temple only to offer prayers. Both the petitioner and the respondent went together to Tamil movies and they also attended functions and visited their friends and thus, she behaved as a dutiful wife.

4. She has further stated that the petitioners family was only concentrating on the jewellery she brought and the petitioners aunt used to scold her saying that she is sleeping all the time, but she tolerated everything with equanimity and gave respect to her in-laws. Because she was cherished and well cared by her parents, the harsh treatment by her husband and in-laws only increased her nervousness. She claimed that the petitioner/husband insisted to admit her in the hospital for observation by Dr. Mathrubootham, but the doctor did not do so and in fact, the doctor counselled with the petitioner/husband to accept and treat her kindly.

5. She denied the allegation of illicit relationship with another person and the pregnancy before marriage. She has stated that she never, before and after marriage, suffered from unsoundness of mind and that there was no suppression of anything by her or by her parents.

6. On the side of petitioner husband, four witnesses were examined and seven documents were marked. On the side of respondent wife, three witnesses were examined, but no documents were marked. The psychological report issued by the Institute of mental health, Chennai was marked as Ex. C-1.

4. On the basis of evidence on