ROSHNI SHARMA Vs. S. K. SHARMA

JUDGEMENT

(1.) THE present appeal under Section 19(1) of the Family Courts Act, 1984 (henceforth 'the Act, 1984') has been preferred by the appellant/wife challenging the judgment and decree passed by the 1st Additional Principal Judge, Family Court, Raipur allowing respondent/husband's application under Section 5 read with Sections 11 and 12 of the Hindu Marriage Act, 1955 (henceforth 'the Act, 1955') and thereby declaring the marriage between the parties solemnized on 15-2-2002 as void.

(2.) THE respondent/husband preferred the subject application under Section 5 read with Sections 11 and 12 of the Act, 1955 on the pleadings inter alia that the parties were married at Raipur on 15-2-2002 and after completion of the ceremony and departure of the relatives, the husband did not get any opportunity to have intimacy with the wife. They went to Devbhog to his sister's house and there because the house was big a separate room was made available for them. The husband tried to initiate physical relation, however, the wife behaved abnormally and refused to have sexual intercourse. Her brother, on being informed, came to their house and gave severe beatings to his sister (the appellant/wife). Narrating other incidents, the respondent/husband, in substance, pleaded that the wife is suffering from schizophrenia and has a 'CYST' and is not able to procreate.

(3.) ON the basis of the pleadings made by the parties, the family Court framed issues as to whether the appellant/wife suffers from recurrent attack of insanity and has been suffering continuously or intermittently from mental disorder of such a kind and to such an extent that the applicant/husband cannot reasonably be expected to live with the non-applicant/wife and also that the non-applicant is incurably of unsound mind. Issue regarding non-consummation of marriage due to impotence of the wife was also framed. After discussing the evidence available on record, the family Court has decided all the issues in favour of the respondent/husband and against the appellant/wife.