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1979 Supreme(All) 62

A.BANERJI
Jamboo Parasad Jain – Appellant
Versus
Malti Prabha – Respondent


Advocates:
Ravi Kiran Jain and Prakash Krishan, for Applicant; A.B.L. Gour, for Opposite Parties.

ORDER :- These two civil revisions are between the same parties and arise out of two different orders passed in the same matrimonial suit and it will be convenient to decide them by a common order.

2. Shri Jamboo Prasad Jain, hereinafter referred to as the petitioner filed a petition under Ss.12 and 13 of the Hindu Marriage Act, hereinafter referred to as the Act, read with the provisions of U.P. Act No. XIII of 1972 for a declaration that the marriage of the petitioner with the respondent was null and void or a decree for divorce be granted to the petitioner against the respondent. He alleged in the petition that the marriage of the parties was solemnised at Rohtak on 25-4-1970 and the parties were Jain Hindus. It was alleged that the mother and the father of the respondent were in, active collusion with the respondent and defrauded the petitioner. At the time of the marriage the respondent was suffering from schizophrenia, a mental illness which comes within the purview of lunacy, with lucid intervals. It was also stated that schizophrenia is a mental illness which cannot be cured. The respondent was of unsound mind at the time of her marriage and from before. In the alternative i































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