ATUL GEORKAR Vs. ANUPAMA GEORKA

JUDGEMENT

(1.) This appeal has been preferred by the appellant/husband (hereinafter referred to 'husband') against the judgment and decree dtd. 27/4/2018 passed by Third Additional Principal Judge, Family Court, Durg (CG) in Civil Suit No.133A/2010, whereby application preferred by him under Sec. 13(1)(i-a) and 13(1)(iii) of the Hindu Marriage Act 1955 (for short 'the Act 1955') seeking decree of divorce from the respondent/wife (hereinafter referred to 'wife') was dismissed.

(2.) Facts of the case, in brief, are that the marriage between the parties was solemnised on 25/2/2007 as per the Hindu rites and rituals without taking any dowry. After marriage they have been blessed with a girl child namely Alisha on 17/2/2008. After the marriage it was revealed that the said marriage was solemnized by willfully and deliberately concealing the fact that the wife was suffering from mental illness/mental disorder and this fact was not disclosed to the husband by parents of the wife. Since the gesture and behaviour of the wife were abnormal, being asked in this regard by the husband, she did not reply. On being asked to her parents, they also did not inform anything to the husband and his family members. It is further stated that when she was pregnant, she fell sick and was admitted in Sector 9 Hospital, Bhilai. On the advise of the doctor, she was admitted in the psychiatric ward from 17/8/2007 to 28/8/2007, wherein she was treated for aforesaid illness. It is further averred that wife lodged false and baseless FIR under Sec. 498A, 34 IPC and Sec. 3 and 4 of the Dowry Prohibition Act against the husband, his father, mother, brother and sister, which amount to cruelty towards the husband. Further no physical relation has been established between the husband and wife after 20/10/2007, hence, the husband filed application for grant of decree of divorce under Sec. 13(1)(i-a) and 13(1)(iii) of the Act 1955.

(3.) In reply, the wife denied all the allegations levelled against her. It is stated that on being demand made by the husband and his family members, her father had given Alto Car, fridge, Washing machine, TV, Almirah, dressing table, cooler, double bed, various ornaments of gold and silver and Rs.33,771.00 fix deposit at the time of the marriage. Even after the marriage, the husband and his relatives subjected her to cruelty on demand of Rs.5.00 lakh from her parents. She was also pressurised for termination of her pregnancy, though it was not happened. On 17/2/2008, she delivered a female child, but the husband or his family members did not come to see them. It is further alleged that her father-in-law used to compel her to watch dirty channels in the TV with him. On being complaint made by her to the husband, he scolded her and assaulted her. It is further averred by the wife that she is physically and mentally fit and is well educated. Allegation of her mental illness/mental disorder is totally false and baseless, which has been alleged upon her by the husband only to get divorce because he wanted to perform second marriage. It is further stated that husband is posted as Officer in Bhilai Steel Plant and earning huge monthly salary, hence, they may be granted pendente lite maintenance as they are living apart since 2008.