ARADHANA Vs. PRADEEP MISHRA

JUDGEMENT

(1.) This appeal under Section 19 of the Family Courts Act, 1984 read with Section 28 of the Hindu Marriage Act, 1955 is directed against the Judgment and Decree dated 21.1.2008; whereby, the Family Court Bhopal has dismissed the appellant's suit for divorce under Section 13 of Hindu Marriage Act, 1955.

(2.) The appellant and respondent were married on 12.5.2001. The marriage was solemnized at Bhopal. The appellant thereafter lived with her husband, the respondent at his abode at Rewa for a month and thereafter came back to Bhopal. Thereafter living at Rewa for three years with the respondent, the appellant came to Bhopal and is living there since then. Respondent husband joined her at Bhopal some time in 2005 and stayed with her till 2006, during which period he underwent medical treatment for infertility, whereafter, it is alleged he left for Delhi wherefrom he did not return.

(3.) In September 2006, appellant filed an application under Section 13 of the Hindu Marriage Act, 1955 seeking annulment of marriage on the ground of appellant's impotency and cruelty. It was alleged that because of the respondent being impotent there was no consummation of marriage and that the respondent also meted her with cruelty by physical harassment and the demand for dowry. Respondent husband denied the allegation of impotency and the cruelty and stated that in respect of infertility he underwent medical treatment.