REKHA Vs. T.KUMAR

JUDGEMENT

(1.) This Civil Miscellaneous Appeal is preferred by the wife, as against the decree granted by the Family Court, Madurai, dissolving the marriage between the appellant and the respondent in H.M.O.P.No.184 of 2012 filed by the respondent/husband on the ground of unsound mind under Section 13(1)(iii) of Hindu Marriage Act, 1955.

(2.) The marriage between the appellant and the respondent took place on 07.02.1999 at Madurai. The respondent is a Doctor, practicing medicine. The appellant gave birth to a male child, out of the wedlock, on 30.07.2001. It is also admitted that earlier, the appellant delivered a still born child in July'2000. The appellant and respondent were living together for quite some time and even according to the respondent/husband, they were living together till December'2009. The respondent/husband sent a legal notice on 30.11.2011 seeking divorce on mutual consent and thereafter, filed the petition for divorce on the ground of mental illness of the appellant under Section 13(i)(iii) of Hindu Marriage Act, 1955.

(3.) The brief facts that are set out in the petition filed by the respondent/husband for granting a decree of divorce are as follows: