JUDGMENT

D.P. Mohapatra, J.-On analysis of the case of the parties and the contentions raised by learned Counsel on their behalf, the question that arises for determination is whether the appellant has established a case for declaring the marriage null and void under Section 12(1)(b) read with Section 5(ii) of the Hindu Marriage Act, 1955.

2. The appellant is the husband of the respondent. They were married according to Hindu rites and rituals on 1.11.1987. It is relevant to note here that it was an arranged marriage and the decision was taken after the appellant had met the respondent and talked with her. After staying together for about 25 days the couple parted company. Thereafter the appellant filed a petition under Section 5(ii) read with Section 12(1)(b) on 12.2.1988 seeking a declaration that the marriage is null and void as the respondent suffers from chronic and incurable mental disorder and is not in a fit mental state to lead a married life. In support of his case the appellant alleged inter alia that on the night of the marriage he found respondent to be drowsy she refused to have cohabitation; on being questioned by him she said that she has been suffering from mental