APARNA PANDEY Vs. JAI PRAKASH PANDEY

JUDGEMENT

(1.) Heard.

(2.) The present appeal is against the judgment and decree dtd. 26/11/2021 passed by the Judge, Family Court, Camp Court, Katghora, District Korba (CG) passed in Civil Suit No.74-A/2021, whereby, the decree of divorce has been granted in favour of the husband. The instant appeal is filed by the appellant-wife.

(3.) The brief facts of the case is that the marriage of the respondent-husband and the appellant-wife was solemnized on 9/5/2002 and thereafter, the wife moved to her matrimonial house at Korba. As per the pleadings of the husband, after the rituals of the marriage, the behaviour of the wife appeared to be non-cooperative and unnatural but since such behaviour was immediately after the marriage, it was ignored. However, the wife went back to her parental home and when the husband tried to bring her back, she refused for some or the other reasons. Thereafter, a child was born out of their wedlock. It was alleged that in May 2007, the wife again left for her parental house and subsequently, several rounds of social meetings were held. Lastly, it came out that the wife is mentally retarded, for which, she is being treated by Psychiatrists Dr. Prakash Narayan Shukla and Dr. Shailesh Verma at Raipur and Bilaspur respectively. It was further pleaded that the husband proposed to get the wife treated by the best Psychiatrist but for some or the other reasons, the same was avoided. It was also stated that when the husband got to know the mental condition of the wife, the sister of the wife came to the matrimonial house and took all her belongings and the wife never tried to come back. The husband has further made certain narrations of the incidents in his pleadings. Consequently, in a petition filed under Sec. 13(1) of the Hindu Marriage Act, 1955 before the Family Court, the respondent proceeded ex-parte and eventually, an ex-parte decree was passed.