NIRANJAN Vs. NEELA

JUDGEMENT

(1.) Appellant has filed appeal under Sec. 28 of Hindu Marriage Act, 1955 challenging judgment and decree dtd. 13/5/2005 passed by Second Additional District Judge, Betul in Civil Suit No. 20-A/2004, whereby suit for divorce was dismissed.

(2.) Counsel appearing for appellant submitted that appellant and respondent were married according to Hindu rites and rituals on 7/2/1988. After some time of marriage i.e. on 1/7/1989, respondent insisted appellant to live separately from other family members. Appellant bought a house at Civil Lines from 1/6/1990 and started living there. Due to overuse of water, owner of the house objected. Later on, in year 1996, appellant purchased LIG house with tubewell installed, but due to repeated washing of wall and floor, condition of the house became dilapidated. Behaviour of respondent towards appellant and children was cruel. Respondent is having a fetish for cleanliness. She used to wash everything in house including floor and walls. Every articles brought from outside to house were also washed. She used to make all family members bath at 6 AM. She refused to cook food at home and appellant had to make arrangement for food from outside. She left the house on 5/10/2003. Everybody was worried about her and she was found at railway station. Appellant suffered facture when he fell down, but respondent did not take care of appellant. He was living in his brother's house and was looked after by other family members. Respondent suffers from schizophrenia. Said facts were suppressed by respondent and her family members from appellant. Aforesaid behaviour of respondent and fetish of cleanliness of respondent amounts to cruelty to appellant. On aforesaid grounds prayer is made for grant of decree of divorce.

(3.) None appeared for respondent. Respondent had defended the case before the trial Court on grounds that house in which respondent was made to live, was in dilapidated condition and not fit for residence. Condition of house did not deteriorate due to washing of house by respondent. Respondent took care of husband when he was admitted in hospital for treatment of fracture. Respondent took care of appellant in hospital. Respondent wanted to live with appellant.