BADRINATH DEVANGAN Vs. SARSWATI DEVANGAN

JUDGEMENT

(1.) In this appeal filed under Sec. 19 of the Family Courts Act, 1984, the appellant- husband is calling in question the legality, validity and correctness of impugned order dtd. 19/1/2016 (Annexure-F/01), passed by the learned Family Court, Bilaspur, whereby his application filed under Sec. 13 of the Hindu Marriage Act, 1955, seeking a decree of divorce and dissolution of his marriage with the respondent herein has been rejected.

(2.) The facts of the case, in short, is that the marriage of the appellant was solemnized with the respondent on 12/3/1986 and, out of the said wedlock, they were blessed with two issues. It is the case of the appellant that after the marriage, it came to his knowledge that his wife (respondent herein) has been suffering from incurable mental disorder, namely, Schizophrenia prior to their marriage and, on account of which, she used to go her maternal home without informed him. On being enquired about the same, the father of the respondent did not inform him the truth at any point of time and, the respondent, even without informing, used to live out of her home for several day. It is also alleged by the appellant that the respondent, being a mother, did not take care about their children, indeed, they were tortured by her. The respondent and the appellant are continuously living separately for about 14 years and meanwhile the respondent lodged false report against the appellant making allegation of demand of dowry and loss of social integrity. Therefore, on 17/7/2013, the appellant-husband filed an application under Sec. 13 of the Hindu Marriage Act, 1955 before the learned Family Court, Bilaspur seeking a decree of divorce and dissolution of his marriage with the respondent. But, the learned Family Court vide impugned order dtd. 19/1/2016 (Annexure-F/01) rejected the said application of the appellant on the ground that the appellant-husband failed to prove that his wife (respondent herein) is suffering from incurable mental disorder and, on account of which, he suffered mental cruelty. Aggrieved, the instant appeal has been preferred.

(3.) Learned counsel appearing for the appellant submits that the learned Family Court is absolutely unjustified in rejected the application of the appellant-husband for dissolution of his marriage with the respondent-wife by recording findings which are perverse and contrary to the record. He also submits that the appellant is living separately for past 17 years alongwith his children and no matrimonial relation has been consummated in these long periods, nor there is any chance or possibility of their reunion. Hence, the impugned order passed by the learned Family Court dtd. 19/1/2016 (Annexure-F/01) deserves to be set aside and the application filed by the appellant seeking a decree of divorce is liable to be allowed.