RAMRATAN Vs. LATA BAI

JUDGEMENT

(1.) THE appellant named above has filed the present appeal against the judgment dated 27 -7 -90 delivered by Shri A.S. Naidu, First Addl. Judge to the court of Distt. Judge, Balaghat. By virtue of the said judgment and decree the petition filed by the petitioner/appellant under Section 13 of the Hindu Marriage Act (Act in short) for granting a decree of divorce against the non -applicant/respondent Smt. Latabai was dismissed.

(2.) IT was not in dispute that the appellant was married to respondent on 1 -3 -79 at village Sondbar according to Hindu rites. After the marriage (be non -applicant came to reside with the appellant at Balaghat. The father of the non -applicant had purchased a house at village Hirri in which house the petitioner, non -applicant and the parents of the petitioner started residing. At the lime of marriage of non -applicant with the petitioner, the petitioner was studying in II year of Bachelor of Science degree. No issue was born out of the said wedlock. In the year 1983 the petitioner was appointed as teacher and in the year 1985 he was posted as a teacher in High School at village Marai.

(3.) THE contention of the petitioner was that the non -applicant was menially retarded and hard of bearing. She treated him with cruelty in as much as she poured kerosene oil on her person on two occasions and threatened to commit suicide. Though the father of the non -applicant had agreed that the non -applicant would divorce (as per caste custom) the petitioner, yet since the non -applicant did not turn out on 31 -12 -87, the petitioner did not pay the remaining amount to the father of the non -applicant.