M. SANTOSH Vs. M. USHA

JUDGEMENT

(1.) Challenge in this appeal is to the judgment and decree dtd. 23/12/2019 passed by the Judge, Family Court, Balodabazar, in HMA No.89-A/2019 whereby the application preferred by the appellant/husband for grant of decree of divorce was dismissed.

(2.) (A) The appellant/husband filed an application pleading, inter alia, that he was married to the respondent/wife on 25/9/2009. During the course of their marital life, the couple were blessed with a girl child. The husband alleged that before the marriage the family members of the wife did not disclose the fact that from the childhood, the wife was having the insanity attack and was being treated by the Doctors. The husband further stated that during such attack, the wife used to loose her mental capacity to control herself and even used to cause injury to any one. He also stated that the lunatic attack used to be at times in the fortnight or even weekly. At the time of marriage, the wife was too composed and did not talk to any one. However, the husband was under the impression that she being the newly married, will take time to adjust herself in the new house.

(3.) The respondent/wife disowned the complete incident and stated that the husband used to compare her with other women including her gesture, behaviour and physical appearance. The wife was forced to adopt a service and having resisted false allegations have been made. She further stated that she want to stay with the husband. According to her on the false grounds, the allegations have been levelled against her and hence the application filed by the husband deserves to be dismissed.