HIRA RAM Vs. ANJU DEWANGAN

JUDGEMENT

(1.) Appellant by instant first appeal is challenging the judgment and decree dated 23.02.2005, passed by 2nd Additional District Judge, Baloda Bazar, District Raipur (C.G.) in Civil Suit No.10-A/2002, whereby the petition filed by the Appellant under Section 13 of the Hindu Marriage Act, on the ground of cruelty has been dismissed.

(2.) Appellant was married to the Respondent in the month of May 1986 as per Hindu customs and rites. Out of the wedlock, the couple is having two issues, Kumari Deepshree, aged about 14 years and Deepesh Kumar, aged about 12 years.

(3.) The contentions of the Appellant in the divorce petition was that the Respondent is a mental patient and on account of that he was subjected to cruelty for 10 years from the date of marriage. He had tried his level best to convince his wife and to make the family life happy, but the cruelty of the Respondent continued. She used to assault the Appellant, as a result of which, she was provided the treatments of the Psychiatric.