KAMALSHRI ALIAS PRIYA JAIN Vs. PRAMOD KUMAR

JUDGEMENT

(1.) THIS appeal is filed under Section 28 of the Hindu Marriage Act challenging the judgment and decree dated 25. 8. 2000 passed in Civil Suit No. 10a/98 by the Court of Additional Judge to the Court of District Judge, Begamganj Distt. Raisen, allowing the petition of the respondent/petitioner for dissolution, of marriage under Section 13 (1) (iii) of the hindu Marriage Act.

(2.) THE admitted facts of the case are that the appellant/wife and respondent/ husband got married on 6. 7. 1992 and they lived as husband wife till 12. 9. 1995. It is also the common ground that the appellant wife is residing with her parents and she had no issue from the wedlock.

(3.) THE case of the husband/respondent was that before his marriage his wife was mentally ill and after the marriage, the respondent husband has incurred a lot of expenses in getting his wife treated for her mental ailment. That the appellant wife had made attempt to commit the suicide. That the behaviour of his wife in the house and in the society was so reprehensible that it has become very difficult for the respondent/husband to live with his wife and there is continuous apprehension of any untoward incident. The respondent/husband has prayed in his petition that the affliction and agony caused to the respondent due to the insanity of the appellant and as such the marriage be dissolved by the decree of divorce under Section 13 (1) (iii) of the Hindu Marriage Act.