HEMANT KUMAR Vs. ASHABAI

JUDGEMENT

(1.) THIS is an appeal against the judgment and decree passed in a matrimonial case under the Hindu Marriage Act by the District Judge, Indore.

(2.) THE appellant her in had sought dissolution of his marriage with the respondent under Section 13 of the Hindu Marriage Act on the ground that she is suffering from mental disorder, The opposite party refuted the allegations. The Trial Court after recording evidence came to the conclusion that it had not been proved by the applicant before it that the non-applicant was of unsound mind and had been suffering continuously or intermittently from mental disorder of such a kind and to such an extent that the petitioner cannot reasonably be expected to live with the respondent.

(3.) I have heard to the parties and have gone through the record. The ground for dissolution of marriage by a decree of divorce under Section 13 (I) (iii) which reads as follows :-