MAMTA NEGI Vs. YOGENDRA SINGH NEGI

JUDGEMENT

(1.) Present appeal is filed by wife appellant challenging the judgment and order dtd. 18/2/2012 passed by Principal Judge, Family Court, Dehradun whereby the Principal Judge, Family Court was pleased to pass decree for dissolution of marriage.

(2.) Case of the husband is that marriage was solemnized between the parties on 14/4/2000. Out of the wedlock, no child was born. Appellant wife is mentally sick. She is suffering from generalized epilepsy. The disease is incurable. On the third day of their marriage, appellant wife fell unconscious. Respondent husband informed this to the parents of appellant wife. Thereafter, appellant wife remained well for 8-10 days. In 2006, respondent went on deputation to National Security Guard, Gurgaon, where he took her wife with him. There also her sickness was not improved. Due to her mental disease, the couple could not consummate their marital life. After some time, appellant wife left the matrimonial home and never came back. On the basis of mental disorder of appellant wife, he sought divorce.

(3.) Respondent husband in order to prove his case, has got himself examined as Witness No. 1, his father Murti Singh Negi Witness No. 2, his mother Kaushalya Devi Witness 3, independent witness Balvasati Witness 4 and Ballabh Prasad Witness 5 and also submitted documentary evidence.