PRABHAT BHUSHAN BHATNAGAR Vs. MRIDULA

JUDGEMENT

(1.) This appeal by the husband is directed against the judgment and decree dated 10-11-1983 passed by the learned Addl. District Judge whereby his petition under Section 12 (1) (c) and Section 13 (1) (ia) and (ii) of the Hindu Marriage Act was dismissed.

(2.) It is alleged in the petition that the parties were married at Delhi on 23-11-1980 according to Hindu rites. Before the marriage the negotiations from the side of the respondent were initiated through one Jai Singh who was working in the Punjab National Bank, Delhi and was friend of the brother of the respondent. The said Jai Singh represented to the petitioner, that he used to visit his brother Vijay Bhushan Bhatnagar employed in Punjab National Bank and that he, was a good friend of Shri Virinder Roy posted in as Deputy Commissioner of Police in Delhi. During such negotiations the appellant was required to be interviewed by the said Virinder Roy and he along with the respondent represented to the appellant that she has a good physique and her age is 26 years. The appellant at that time was of 28 years. He believed the representation of the respondent and her brother. After the marriage as required by Virinder Roy and the respondent that the respondent was used to better living, the parties shifted to 301, Tagore Road Hostel, New Delhi which comprised of sufficient accommodation for comfortable living of the parties. The said premises were made available to the parties by the, brother of the appellant. It is alleged that to the surprise of the appellant from the very first day the behaviour of the respondent appeared to be arrogant but the appellant thought that better sense will prevail and in times to come the respondent will adjust Soon after the marriage, be saw the respondent tang tablets and on his asking the respondent informed him that she was taking multi-vitamin drugs. The respondent in spite of being asked by the appellant and his mother did not do any house-hold work and was always feeling tired. It was in fact represented by the respondent that she had been under some treatment of the Physician at Lucknow who is also related as brother to her. It is further alleged that even during the sexual inter course the appellant felt that the respondent was not responding as was expected and on his query the respondent avoided the reply. After two months of the marriage, the respondent herself revealed that in fact she is three years older to the appellant. The appellant further noticed that the respondent would sit on a chair and ask every body to leave her alone. The appellant was also informed about this act of the respondent by his mother, who was staying with the parties in Tagore Hostel. The appellant requested the respondent to consult Mrs. Usha Bhatnagar, his sister-in-law a doctor working in C.G.H.S. but the respondent informed that she had been under the treatment of another doctor at Lucknow and she did not consult Mrs. Usha Bhatnagar. The appellant thereafter smelt some mischief and during his inquiries it revealed that the respondent was having fits. The appellant checked up the medicines which the respondent used to take and then he came to know that these medicines were in fact to cool down her intermitent mental disorder which was never made known to the appellant prior to the marriage. In the middle of February 1981 Virinder Roy and two unmarried elder sisters of the respondent came to the matrimonial home of the parties and against the wishes of the appellant, the respondent left alongwith them without any reason or explanation and returned after two months. During this period, the appellant asked Virinder Roy about the concealments regarding age and mental condition of the respondent but he avoided to give any answer and always said that at that stage he could not help in any manner and it was for the appellant to adjust with the respondent in the manner he liked.

(3.) It is further alleged that after the return of the respondent in April 1981 to the matrimonial home she did not allow the appellant to have sexual inter course and this also caused mental up set to the appellant, A further instance of cruelty is mentioned in paragraph 13 of the petition to the effect that on 2nd Saturday in May 1981 Vidya Bhushan Bhatnagar elder brother of the appellant came to the matrimonial home along with his .wife and children but the respondent did not show any hospitality to them. She refused to attend to them or serve any refreshment etc. When the elder brother of the appellant tried to talk to the respondent she even insulted him and therefore that attitude of the respondent gave another shock to the appellant. It is further alleged that as and when the respondent was not in her senses because of the mental fits she used to even throw wearing clothes of the appellant outside the room and this happened on three or four occasions. It is alleged that due to these cruel acts and mental disorder of the respondent, the appellant suffered heavy losses in his business. The respondent finally left the matrimonial home in October, 1981 in the absence of the appellant along with her jewellery and clothes. Since then parties are living separately and the appellant has not condoned the acts of cruelty.