DAYALDAS Vs. LATABAI

JUDGEMENT

(1.) THIS appeal is directed against the judgment and decree dated 21. 9. 1996, in Civil Suit No. 28-A/94 by First Additional District Judge, Katni, dismissing the appellant's application under Section 13 of the Hindu Marriage Act, 1955 (hereinafter called the 'act' for short) seeking divorce from the respondent.

(2.) THE plaintiff/appellant filed an application under Section 13 of the Act, on the ground that his wife - the respondent suffered from mental ailment from before the marriage, which was suppressed from him. It was also averred that the bahaviour of respondent/wife was erratic and indicated that she was not a mentally normal person. She had gone back to her parents home in the year 1989, i. e. about six years prior to the filing of application and had not returned back. The plaintiff/ appellant, therefore, prayed that the decree of divorce under Section 13 of the Act, be granted.

(3.) THE respondent remained absent and did not turn up despite service of notice of petition as above, hence was proceeded against ex parte. The proceedings of reconciliation under Section 23 (2) of the Act, also could not be carried out on account of respondent's absence.