AVINASH GURJAR Vs. AARTI GURJAR

JUDGEMENT

(1.) THIS appeal has been filed against the judgment and decree dated 18.3.2011 passed by the Family Court, Bilaspur in Civil Suit No.140-A/2009 which was filed u/s 11 read with section 13 of the Hindu Marriage Act for declaration of the marriage performed between the appellant and respondent as nullity on the ground that the respondent wife was mentally ill and suffering from mental disorder.

(2.) DURING the pendency of this appeal, the respondent was sent for medical check up and for obtaining report from Jawaharlal Nehru and Research Center, Bhilai and a report was received regarding examination of the respondent by Dr. A. K. Biswas, Head of the Department of Psychiatry vide medical opinion dated 26.08.2011. The following was the opinion which is reproduced as under: "Patient directed from High Court, Bilaspur, for psychiatric evaluation vide Direction No. F.A.M.No. 40/2011. Historical information from accompanying persons viz., sister Smt. Alka Pawar and brother-in-law Shri C.K. Pawar:

(3.) SECTION 5 of the Act is also relevant here and quoted below: