Does the husband's lie before marriage about being a smoker constitute deception and fraud that permits the wife to request annulment of the marriage according to Sharia, and would the judge rule in her favor?

The majority of scholars hold that defects warranting annulment are those that render sexual intercourse impossible, or repulsive or contagious diseases. They do not consider smoking among these. There is another view that states any defect which alienates the other party and impedes the purpose of marriage necessitates annulment, and this includes smoking, especially if the wife stipulated to the husband that he should not smoke. If the matter is brought before a judge, the judge's ruling resolves the dispute. The wife can also seek khul' from her husband if she dislikes him due to smoking and fears that she will not be able to uphold the limits of Allah.