SAVITA DEVI Vs. SANTOSH KUMAR SHARMA

JUDGEMENT

(1.) This First Appeal is preferred against the judgement and decree passed by Additional District Judge, Ballia in Original Suit No. 315 of 2001 (Santosh Kumar Vs. Sunita Devi) decided on 06.09.2002 decreeing the suit of the petitioner for the relief of divorce.

(2.) The brief facts which give rise to this appeal are that original suit no. 315 of 2001 was filed by respondent-petitioner (hereinafter called the respondent) against Sarita Devi opposite party-appellant (hereinafter called the appellant) for the relief of declaring the marriage between the parties as null and void. This petition was based on the allegation that the respondent belonged to District Ballia and is from a very reputed family having agricultural land, other business establishment, shops etc. The respondent has graduated from Allahabad University in May, 2000. The appellant's father came to the house of the respondent for the purpose of settling marriage of the appellant with the respondent and the marriage between the parties settled and on 24.02.2001, the marriage was solemnised with all Hindu Rites and the appellant came to the house of the respondent on 25.02.2001. Soon after the marriage, the behaviour of the appellant was unnatural and she refused to accept the food given to her. Even after persuasion, the food was not taken by the appellant. The family members of the respondents became doubtful to see the unnatural behaviour of the appellant and they also narrated this fact to the respondent and his father, but he did not pay any attention to the same. On 28.02.2001, the reception was organized in honour of the newly wedded wife but on 28.02.2001, the behaviour of the bride was so unnatural and she started talking irrelevant and also acted just like an unsound person and on 01.03.2001, the mental equilibrium of the appellant was so erratic that she threatened to commit suicide. The appellant was taken to the doctor and some medicine was also given to her. The matter was complained to the father of the appellant that they have committed a fraud upon the respondents family and his daughter was mentally unfit, even then, she was married to the respondent. Then, the appellant was taken back to her parents' house and there she was shown to the Banaras Hindu University Medical College and at the time of wedding, the appellant was not in a stable condition of his mind and due to the said erratic and mental disorder, there was no successful marital relationship between the parties and after one month, the parents of the appellant informed the petitioner's family that now the girl is completely cured and on that assurance, the appellant was taken back to her in laws house. Again she started behaving in an unnatural manner and then again she was sent back to her parents house and the respondent was compelled to file this petition for divorce.

(3.) The notices were issued to the appellant and the appellant appeared through her counsel and moved an application 13A challenging the maintainability of the petition under section 14 of the Hindu Marriage Act and also moved an application for awarding interim maintenance and for grant of expenses for litigation.