SMT. DALJEET KAUR Vs. TEJINDAR MOHAN SINGH

JUDGEMENT

(1.) Heard Sri K.D. Tiwari, learned counsel for appellant, and Sri Raj Kumar Khanna, learned counsel for respondent.

(2.) This is defendant's appeal under Section 19 of Family Court Act, 1984 (hereinafter referred to as 'Act 1984') arising from judgment and decree dated 17.7.2002 passed by Sri Aditya Kumar, Judge, Family Court, Moradabad in Matrimonial Petition No.149 of 2001, filed by respondent- husband, Tejindar Mohan Singh, under Section 13 of Hindu Marriage Act, 1995 (hereinafter referred to as 'Act 1995'), whereby court below has decreed suit for divorce.

(3.) The plaint case set up by plaintiff-respondent is that marriage was solemnized on 19.11.1955, following Hindu (Sikh) rituals, and without any dowry. Defendant-appellant came to stay along with husband at 209-A, Railway Harthala Colony, Moradabad, and both lived as husband and wife. After about four or five days only, wife suffered mental disorder showing a behaviour of non-recognition of family members, becoming furious at times, and used to run away frequently, day and night, stating that she want to go to a friend of her maternal uncle. Plaintiff-husband took his wife for psychological/mental treatment at Railway Hospital where she was administered treatment and showed some improvement. After about 20 days she went to her parents' place. After about a month, when plaintiff went to bring his wife from in-laws place at Haldua, her parents told that she used to suffer such attacks from childhood. Her parents also told that presently she is undergoing treatment, hence plaintiff may come again after one month to take her. Plaintiff went again after a month when parents of wife said that she still suffers mental problem and is undergoing treatment. Plaintiff assured them that he, having married defendant-appellant, would abide by marital obligations and take good care of her, whereupon she came along with plaintiff to his place.