SINGH, J. : - This is a husband's appeal under Section 28 of the Hindu Marriage Act, 1955, against a decree passed by the Fifth Additional District Judge, Jabalpur, on 18th December, 1973, dismissing his petition for annulment of marriage under Section 12 (1) (c) and, in the alternative, for judicial separation under Section 10 (1) (d) of the Act.

2. The parties were married at Raipur on 6th December 1972. After marriage the wife came to Jabalpur on 7th December, 1972, where the husband resides. At the time of marriage the husband was aged 24 years and the wife 21 years. Both of them are graduates and come from respectable Gujarati families. The parties had marital intercourse from 8th to 10th December, 1972. The husband, it seems, noticed some ulcer near the private parts of the wife. He got her examined by Dr. (Miss) Swami (P.W. 1) who advised blood test. The husband then took the wife to Dr. Raja Indurkhya (P.W. 2) for pathalogical examination of the blood. The blood test was positive for syphilis. On further examination Dr. Swami diagnosed that the wife was suffering from syphilis and prescribed treatment. On 17th January, 1973 the husband applied under Section 12 (1) (