SHEELA Vs. BALDEV SINGH

JUDGEMENT

(1.) 1. This appeal preferred under Sec. 19 of Family Courts Act, 1984, is directed against the judgment and order dated 5-5-2009 passed by the Principal Judge, Family Court, Dehradun in suit No. 51 of 2007, whereby the decree of divorce has been granted on the petition filed by the husband.

(2.) Heard learned counsel for the parties and perused the lower Court record.

(3.) Brief facts of the case, giving rise to this appeal, are that the petitioner (present respondent) Baldev Singh got married to Smt. Sheela (appellant) on 23-4-2002 according to Hindu rites. A son was born out of wedlock on 12-2-2003. The present respondent Baldev Singh filed a petition under Sec. 13 of Hindu Marriage Act, 1955 against his wife Sheela (present appellant) before the trial Court, alleging that the appellant suffers from mental illness. He has further pleaded that his wife used to beat him and his son. It is also pleaded that many times the appellant made attempts to commit suicide. Due to her mental illness, she had to take leave time and again from the school where she was in job. It is also alleged that she used to cry in the night. The husband has further pleaded that this made impossible for him to live with his wife and since 17-6-2006, the parties to the matrimony are living separately. As such on the ground of the mental disorder alleged in the petition, the petitioner has sought decree of divorce.