PRABAL KUMAR DIXIT Vs. RIMPAL DIXIT

JUDGEMENT

(1.) Challenge in this appeal under Sec. 19 of the Family Courts Act, 1984 is to the judgment and decree dtd. 10/8/2017 passed by Principal Judge, Family Court, Gwalior in Case No.339-A of 2012 (HMA), whereby application filed by appellant-husband under Sec. 13 of Hindu Marriage Act for grant of decree of divorce, was dismissed.

(2.) IA No.5329 of 2022 is an application under Order 41 Rule 27 read with Sec. 107 of CPC filed by appellant-husband for taking additional evidence on record.

(3.) Facts of the case, in brief, are that in the divorce application, it was averred on behalf of appellant- husband that his marriage was solemnized with respondent on 27/6/2007 as per Hindu rites and rituals. After marriage, respondent came to her maternal home where her health suddenly deteriorated as a result of which, she became mentally disturbed. Her Father, mother and brother brought her to Gwalior on 2/7/2007 in a car to Psychiatrist Dr.Malhotra. After fifteen days, she came to his house and went to her maternal home on the occasion of Raksh Bandhan. Since marriage, her behaviour towards him and his parents became extremely inhuman. She did not perform any household work, therefore, his father kept a maid. She did not cook and serve food timely. He tried to explain his wife several times, but she used to abuse in filthy languages. She is a woman of stubborn nature and used to pretend to cry on every small things and break valuable articles in his home. She used to fight with him and his parents almost everyday. It was also alleged that she suffered from unsoundness of mind, therefore, she was taken to Dr. S.N. Iyengar on 7/3/2008 and since then, she has been undergoing continuous treatment.