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1991 Supreme(MP) 46

D.M.DHARMADHIKARI
Alka Sharma – Appellant
Versus
Shri Abhinesh Chandra Sharma – Respondent


Advocates:
N.M. Sapre for appellant; R.C. Khare for respondent.

JUDGMENT

D.M. Dharmadhikari, J.-- 1. This is an appeal by the wife/respondent under section 28 of the Hindu Marriage Act, 1955 (hereinafter referred to as 'the Act'), against the decree dt. 5/5/89 passed by the Court of Second Additional Judge to the Court of District Judge, Raipur, declaring her marriage with the respondent/wife as nullity under section 12 (1) (b) & (c) of the Act. By the Judgment and decree under appeal, the trial Court accepted the case of the husband/plaintiff that the wife was suffering from the mental disorder of the type 'Schizophrenia' at the time of their marriage.

2. The facts not in dispute are that the parties were married on 22/5/1986. They lived together immediately after the marriage between 23/5/1986 and 4/6/1986 for about 12 days in the first instance. Thereafter the wife had gone back to her parents for a few days and they again in the second period lived together between 13/7/86 and 20/7/86 for about seven days. The total stay of the wife with the husband was thus nineteen days. The petition under section 12 of the Act for declaring the marriage as nullity was filed by the husband within one year of the marriage i.e. on 1/9/1986. It may be mentione









































































































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