Judgment

Dr. A.R. Lakshmanan, J.—Leave granted.

2. The above appeal was filed by the appellant, wife of the respondent herein, against the judgment and final order dated 10.9.2004 passed by the High Court of Delhi in F.A.O. No. 235 of 2002 whereby the Civil Writ Petition filed by the appellant was dismissed.

3. The short facts are as follows :

The marriage between the appellant-Vinita Saxena and the respondent-Pankaj Pandit was solemnized on 7.2.1993 as per Hindu rites and customs. No child was born out of wedlock. The marriage, according to the appellant, lasted for five months and was never consummated on account of the fact that the respondent was incapable of performing his matrimonial obligations. According to the appellant, from the first day of the marriage, the respondent’s mother treated the appellant with utmost cruelty both mental and physical and that the reason for cruelty was the respondent’s mental disorder. The respondent’s case is a case of Paranoid Schizophrenia and the appellant discovered only after the marriage that the respondent was under constant treatment and observations of different doctors even prior to the marriage for the said ailment. Though the appellant