BRIJLAL MOGANIYA Vs. HEMLATA MOGANIYA

JUDGEMENT

(1.) THE appellant/petitioner has filed this appeal Under Section 28 of the Hindu Marriage Act against the judgment and finding dated 6. 7. 1999 passed by the Xth Additional District Judge, Bhopal in Civil Suit No. 41-A/1998, dismissing the petition filed for decree of divorce and annulling the marriage.

(2.) THE admitted facts of the case are that the marriage in between the appellant/husband and the respondent/wife was solemnised on 2. 5. 1995 at Gwalior according to Hindu rites and customs and that they had one daughter from the wedlock.

(3.) THE case of the appellant/petitioner is that the respondent withdrew herself from the society of the husband in the month of February, 1996 without any reasonable or probable cause and since then she has deserted the appellant. It is also alleged by the appellant that the respondent was mental patient before the solemnisation of the marriage and the fact of mental illness was suppressed during the settlement of the marriage. That matrimonial life of the appellant has become tortuous on account of the horrifying conduct of the respondent. The appellant has also contended that the respondent has often threatened that she will commit suicide. The appellant has prayed that the marriage in-between the appellant and the respondent be dissolved by the decree of divorce and it be annulled.