GANESH PRASAD Vs. SADHNA

JUDGEMENT

(1.) THIS is plaintiff's appeal under Section 28 of the Hindu Marriage Act against the judgment and decree dated 20 -7 -90 passed by District Judge, Damoh in Civil Suit No, 25 -A786 dismissing the appellant's suit for divorce under Section 13 of the said Act.

(2.) THERE is no dispute (hat the parties were married on 16 -6 -82 in accordance with Hindu rites at village Jabara. It also appears to be admitted that the parties are living separately from each other since 1983. The case of the appellant -plaintiff was that after marriage the respondent came to live with him for 3 -4 days only during which she behaved in a manner as to create an impression (bat she was menially ill. She was treated by a doctor at Damob who advised the respondent to be taken to Jabalpur. The appellant submitted that he had taken the respondent to Jabalpur for treatment and thereafter her parents had left her at his place at Singrampur. Thereafter she remained normal for one day but thereafter started shouting and crying, She used to lock herself in. Thereafter the parents of the respondent were called and required to take the respondent with them. On this, it was submitted that the respondent is mentally deranged and has not shown any sign of improvement even after long treatment. It was further submitted that even if she was not mentally ill, her behaviour is such that it amounts to cruelty on her part. The case set up in the plaint was for divorce on the ground of mental illness and also on the ground of cruelty.

(3.) SUBMISSION of the learned counsel for the appellant is that even though the respondent is not insane or mentally ill, evidence fully establishes that she is guilty of cruelty and therefore the appellant is entitled to divorce on that count. It is further submitted that the respondent has after 1983, not made any effort to re -establish the relationship and therefore a case of desertion by her is also made out. It is ultimately submitted that the relationship between the parties having broken to the extent that it is impossible to be restored, the Court should grant a decree for divorce.