HIMMAT SINGH Vs. PREMBAI

JUDGEMENT

(1.) THE case of the petitioner is that the defendant is mentally unsound, impotent and in habit of physically assaulting her without any rhyme or reason. That the elder brother of her husband used to keep bad eye on her. That the petitioner/wife has a fear that her life is not safe in the house of her husband and as such the marriage be dissolved by a decree of divorce. The defendant has denied that he is mentally imbalanced or unsound mind or he used to beat his wife or his elder brother was having evil intention against the petitioner.

(2.) THE learned trial Court after framing the issues has examined Prembai (PW 1), Devisingh (PW 2), Sajjansingh (DW 3), Madhavsingh (DW 4) and the learned trial Court has passed a decree of dissolution of marriage holding that the appellant/defendant is guilty of matrimonial offence of cruelty.

(3.) DEFENDANT Himmatsingh (DW 1) has made a peculiar and absurd statement in para 5 of his cross-examination. He has stated that his age is about 45 years and he is young and as such he does not go to the market. Himmatsingh (DW 1) has further stated in para 5 of his cross-examination that he lives in the forest and in the night he sleeps on the well.