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STATEMENT OF FACTS

BACKGROUND
The appellant is Narayan Ganesh Dastane, a well educated and qualified person who involved
various projects like Colombo Plan Scheme. He obtained his doctorate in irrigation research
from an Australian University and returned to India in 1955. His father is solicitor-com
lawyer practicing in poona.
The respondent, Sucheta, comes from Nagpur but she spent her formative years mostly in
Dhelhi. She passed her B.Sc. from the Delhi university in 1954. Her father is secretary in the
commerce ministry of Government of India.

MARITAL ARRANGEMENT
In April, 1956 The respondent’s parents arranged her marriage with the appellant.
But before finishing the marriage proposal, the respondent’s father Abhyankar who informed
“as she was affected by the attack of sunstroke which affected her mental condition for
sometime” to the appellant’s father by letter. In the second letter which followed at an
interval of two days, "cerebral malaria" was mentioned as an additional reason of the mental
affectation. The letters stated that she was cured at Yeravada Mental Hospital. The appellant
and his father made no enquiries with the Yeravada Mantal Hospital.
The marriage was solemnized at poona on May 13, 1956. The appellant was then 27 and the
respondent 21 years of age.

MARITAL RELATIONSHIP
On November 1, 1956 the appellant was transferred to Poona where they are lived together
till 1958. During this period named subha was born to them on March 11, 1957 and the
second daughter Vibha was born On March21, 1959. They were returned from Poona to
Delhi in August, 1959.

In January, 1961, the respondent went to poona to attend the appellant’s brother marriage. A
fortnight after the marriage, On February27, 1961 the appellant who had also gone to poona
to examine the respondent by Dr.seth, a Psychiatrist in charge of the yaravada mental
hospital. Either she herself or both she and the appellant decided to stay for some time with
the relatives for the purpose of respondent’s medical checkup. She had promised to see
Dr.seth but she denies that she made any such promise. She believed that the appellant was
building up a case that she was unsound mind and she was being lured to walk into the trap.
February, 1961 was the last that they lived together. But at the time of leaving together she
was pregnant about three months. The third child, again girl named Pratibha was born on
August19, 1961 when her parent were in the midst of crisis.