SURENDRA GAYAKWAD Vs. JANAKBAI

JUDGEMENT

(1.) This appeal has been filed under Section 19 of the Fam-ily Courts Act, 1984 against the judgment and decree dated 28-4-2010 passed by II Additional Principal Judge, Family Court, Durg (CG), in Civil Suit No. 151 A/07,whereby application of the appellant/plaintiff under Section 13 of the Hindu Marriage Act, 1955 for dissolution of marriage by a decree of divorce on the ground of unsoundness of mind of the respondent/defendant and deserting the company of the appellant/plaintiff, has been rejected.

(2.) The undisputed facts are that marriage between the parties was solemnized about 35-40 years back and since about 1982, the respondent/wife is residing at her parents house. Out of their wedlock, three sons have been born. However, rest of the facts are disputed.

(3.) Case of the appellant/plaintiff, in brief, is that marriage between the parties was solemnized about 35-40 years back. The respondent/wife is suffering from mental problem since 1982, on account of which she is not in a position to discharge her marital obligations. In the year 1982, the respondent/wife after levelling false allegations of harassment and torture by the appellant and his family members had left her matrimonial home and since then is residing at her parent's hpuse. The marriage between the parties has irretrievably broken down. Since 1982 the respondent is mentally sick and her condition has deteriorated considerably and there are no chances of her recovery from mental sickness and of returning back to her matrimonial home. On these grounds, an application under Section 13 of the Hindu Marriage Act, 1955 (in short "the Act, 1955") was filed by the appellant/husband for dissolution of marriage by a decree of divorce.