ANIL THOSAR Vs. NEETA THOSAR

JUDGEMENT

(1.) By filing this appeal, the appellant has challenged the impugned order dtd. 4/1/2023 passed in Civil Suit No.171/2022 by the learned Third Additional Principal Judge, Family Court, Durg, Chhattisgarh, whereby the application under Sec. 12 of the Hindu Marriage Act, 1955 (for short, 'Act of 1955') was dismissed. The appellant has prayed for following relief:-

(2.) Brief facts of the case, are that, the marriage between the appellant and the respondent was solemnized on 3/3/2008 at Bhilat, District Durg (C.G.), as per Hindu rites and customs. From the wedlock, two daughters were born, namely Ms. Amrita, aged about 11 years, and Ms. Pranali, aged about 5 years. Before the marriage, the respondent and her family members represented that she was physically and mentally healthy and as such, the appellant consented to the marriage. However, after the marriage, the appellant noticed abnormal behavior on the part of the respondent, such as shouting, damaging household items, using abusive language, and beating the children without reason. On enquiry, the respondent was found to be taking psychiatric medicines, though she initially claimed they were multivitamins. The appellant later got her medically examined, and she was diagnosed with schizophrenia, a serious mental illness. The appellant claimed that this condition existed since birth and was deliberately concealed by the respondent and her family. Despite several efforts to manage her condition and seek reconciliation, the respondent eventually left the matrimonial home in October 2018 with one of the daughters and never returned.

(3.) Thereafter, the appellant filed a application under Sec. 12 of the Act of 1955, seeking annulment of marriage on the ground of fraud and, in the alternative, sought divorce on the ground of cruelty. The matter was registered as Civil Suit No.171/2022 before the Family Court, Durg. Despite repeated notices, the respondent failed to appear, and was proceeded exparte on 6/7/2022.