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1984 Supreme(P&H) 149

G.C.MITTAL
Balbir Kaur – Appellant
Versus
Maghar Singh – Respondent


Judgment

1. Meghar Singh got married to Smt. Balbir Kaur on 10-12-1980. Soon after the marriage when Smt. Balbir Kaur came to the house of her husband, the women folk found that her left side was defective and found deformity therein. On account of that, the husband s case is that there was no consummation of marriage and she was sent back to her parents, house. On 7-2-1981, i.e., within two months of the marriage; the husband filed a petition under Sec.12(1)(c) of the Hindu Marriage Act, 1955 , for annulment of the marriage on the ground that he was not told that her left side was deformed or defective and it was given out that she was in sound health. He pleaded that it amounted to fraud and if he had been told that she had those defects he would not have agreed to the marriage. The wife contested the petition and in reply pleaded that she was physically and mentally alright.

2. On the contest of the parties, the following issues were framed :-

1. Whether the consent of the petitioner to the marriage was obtained by fraud as stated in para 4 of the petition and as such the marriage is liable to be annulled?

2. Relief.

3. During the trial of the case, besides other evidence, the Co







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