SANTOSH Vs. GOPAL P. CHOUDHARI

JUDGEMENT

(1.) This is a wife's appeal from a decree of divorce passed by the Extra Assistant Judge, Akola at the instance of the respondent-husband on the ground of cruelty.

(2.) The respondent-husband's case was that he was married to the appellant on 29-5-1981 at Dongargarh, but at the time of the marriage she was suffering from mental disability or from psychopathic disorder and as this fact was suppressed from him and his consent to the marriage was fraudulently obtained he was entitled to a decree for annulment of the marriage. Alternatively a decree for divorce was sought on the ground that by the continued conduct of the appellant he was subjected to cruelty. The conduct attributed to the appellant was that she used to weep continuously for two days at a time without any reason and did not respond to the husband's or his relation' request. On one occasion when he had taken her to the house of his friend Sajjan Agrawal, she went on talking irrelevently and her conduct was not normal. She did not take meals continuously for a couple of days and on such occasions she used to sleep continuously without replying to the queries made to her. She was got examined by an Expert Psychiatrist at Akola and he had certified that her behaviour was subnormal.

(3.) The appellant denied all these contentions and contended that the allegations made against her were false and frivolous and she claimed Rs. 1,000.00 as compensatory costs.