MANISHA Vs. PRAMOD

JUDGEMENT

(1.) THIS is a Second Appeal filed by the wife who was respondent in the original petition and who had succeeded in that petition but who failed in appeal which the husband had filed against the dismissal of his petition.

(2.) THE parties were married on 16th December 1981 and have been living separate since 21st june 1982. On 10th November 1983 the husband filed the divorce petition being H. M. P. No. 7/83. Originally he prayed for a decree of divorce only on one ground, viz. that the wife had been incurably of an unsound mind or had been suffering continuously or intermittantly with mental disorder of such a kind and to such an extent that the petitioner could not reasonably be expected to live with the respondent. (Section 13 (1) (iii) ). It may be mentioned that even earlier, the husband had filed a petition for divorce, but that was also on the single ground under Section 13 (1) (iii ). At that time, the petition for divorce was premature, and therefore, was not maintainable. In about February 1986, the husband got his petition amended to add the ground of cruelty. The trial Court held both the grounds as not proved and dismissed the husband's petition for divorce. Against that the husband preferred appeal which was numbered as Civil Appeal No. 71/87 in the Court of the District Judge, Nagpur. The appeal was disposed of by the learned Joint district Judge, Nagpur by judgment and order dated 3-8-1988 by which he allowed the appeal, set aside the judgment and decree of the trial Court and granted divorce. It is against the order dated 3rd August 1988 of the learned Joint District Judge, Nagpur that the present Second appeal has been filed by the wife.

(3.) IT may be stated at the outset that the ground under Section 13 (1) (iii) was not pressed by the husband in the courts below. Therefore, the ground on which decree for divorce was granted was the sole ground of cruelty.