SHIV SAGAR Vs. POONAM DEVI

JUDGEMENT

(1.) Heard Shri Sanjeev Singh and Shri Ram Pyare, learned counsel for the appellant and Shri Ajay Kumar Yadav, learned counsel for the respondent.

(2.) The present appeal has been filed under Sec. 28 of the Hindu Marriage Act, 1955 (hereinafter referred to as the "Act") arising from the judgment and order dtd. 12/2/2013 passed by the Additional District Judge, Court No. 1, Fatehpur, in Petition No. 31 of 2012 (Shiv Sagar vs. Smt. Poonam Devi), whereby the learned trial Court dismissed the divorce case instituted by the appellant, seeking dissolution of his marriage on the grounds of insanity and cruelty.

(3.) The marriage between the parties was solemnized in 2005. Admittedly, they lived together for almost seven years. Two daughters were born to them, both of whom are in the custody of the respondent. The parties have been living separately since January 2012. The appellant is a driver in the Provincial Arms Constabulary. Maintenance is being paid to the respondent and her two daughters under an order passed in separate proceedings. Upon exchange of pleadings, the learned court below framed the issue, whether the appellant was entitled to seek dissolution of his marriage on the ground of insanity, as the main ground. He also pleaded cruelty arising from the insane behaviour attributed to the respondent.