R N WAHNE Vs. VINITA WAHNE

JUDGEMENT

(1.) The judgment of the Court was delivered by T.P. Sharma, J.:- 1. This first appeal under Section 19(1) of the Family Courts Act. 1984 (in short 'the Act. 1984') is directed against the judgment & decree of dismissal of the suit for dissolution of marriage by a decree of divorce dated 23-1-2007 passed by the Third Additional Principal Judge, Family Court, Durg, in Civil Suit No. 141A/06.

(2.) Judgment & decree are challenged on the ground that the Court below has not considered the proved case of cruelty committed by the respondent and thereby committed illegality.

(3.) Brief facts necessary for disposal of this appeal as per pleadings of the parties are that the parties are Hindu legally wedded spouse. The appellant was married with respondent on 28-6-1987. Parents of the respondent after concealing the truth of mental illness of the respondent married with the appellant. Behavior of the respondent was abnormal right from the beginning and was regularly creating problem for him, his parents and his family. She used to misbehave with the parents of the appellant and used to quarrel with them. Earlier the appellant has filed a petition for dissolution of marriage by a decree of divorce, but subsequently on the assurance of the respondent, same has been withdrawn. Again she used to commit cruelty upon the appellant. Then the appellant reported the matter to Pariwarik Sulah Centre, but the respondent did not turn up, then the petitioner filed petition for dissolution of marriage by a decree of divorce. The respondent has denied the allegation and specifically alleged that her behavior is submissive. She has not committed any cruelty upon the appellant and she is not mentally ill. The appellant has obtained signature over some documents and also dictated to right some letter in his support which she has written. She is still ready and willing to perform marital obligation and to live with the appellant.