Annulment of marriage-wife suffering from disability
The nature of the defect,
which has been confirmed by the orthopedic surgeon, prevents
the respondent from performing normal duties i.e. sitting, getting
up or walking etc. Considering the nature of the disability of the
respondent, it cannot be said that there was active concealment
for the simple reason that if what was pleaded is true, it could
not be concealed by the respondent. The reason is that when the
ceremonies of the marriage were performed, sitting down,
getting up and walking have been performed by the parties, in
that eventuality, the defect should have been absolutely patent
and disclosed by the daily locomotor action of the respondent. In
these circumstances, I do not find that precedent laid down in
Pankaj Mahajan’ case is attracted to the facts of the present case. I
do not find any merit in this appeal which is accordingly
dismissed.IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
FAO No. 231 of 2011
Date of Decision 17th December, 20121
AIR 2013 HP 77
Sh. Vinod Jaswal,
Versus
Smt. Anuradha wife of Shri Vinod Jaswal,
https://www.lawweb.in/2013/10/annulment-of-marriage-wife-suffering.html
