BRAJENDRA SINGH Vs. RENU SINGH

JUDGEMENT

(1.) This appeal has been filed under Section 19(1) of the Family Courts Act, 1984 against the judgment and decree dated 7th May. 2010 passed by the Family Court, Rajnandgaon, in Civil Suit No. 06-A/2009, whereby the application filed by the appellant/plaintiff under Section 13 of the Hindu Marriage Act, 1955 for dissolution of marriage by a decree of divorce has been rejected.

(2.) Facts not in dispute are that marriage between the parties was solemnized on 18-5-1989 at Akaltara Nagar, Distt. Janjgir-Champa and after solemnization of marriage, the appellant and the respondent had lived together as husband and wife till a week before the festival of Teeja in the year 2004. However, rest of the facts are in dispute.

(3.) The facts projected in the application under Section 13 of the Hindu Marriage Act, 1955 filed by the appellant/plaintiff are that marriage between the parties was solemnized on 18th May, 1989 at Akaltara Nagar, Distt. Janjgir-Champa and after solemnization of marriage till a week before the festival of Teeja in the year 2004, that they had resided together at their matrimonial home at Chhuikhadan, Distt. Rajnandgaon as husband and wife. Since before marriage, the respondent/wife was suffering from gynecological problem and this fact was suppressed from the appellant by the family members of the respondent. On account of the said fact, even after elapse of a period of 15 years, the parties have no issue out of their wedlock. The doctors after examining the respondent have also opined that on account of gynecological problem, there are no chances of the respondent becoming mother.