UMA DAS Vs. NEPAL DAS

JUDGEMENT

(1.) THE judgment dated 29. 9. 1999 passed by learned Additional District Judge, West Tripura, Agartala in T. S. 54 (Matrimonial) of 1997 dissolving the marriage of the appellant wife Smti Uma Das with the respondent husband Shri Das by a decree of nullity of the marriage has been assailed in the present appeal. On 12. 1. 2000 this Court by an interim order stayed execution of the said decree.

(2.) ON 12. 3. 1991 the marriage between the appellant and respondent was solemnized and soon thereafter the husband and other family members detected abnormality in the behaviour of the appellant. On enquiry they came to know that the appellant had been suffering from insanity since prior to her marriage, which fact was deliberately suppressed. Later, the father of the appellant, who was told about his daughter's abnormal behaviour had taken her to his custody and arranged her treatment by Dr. A. K. Nath, a Psychiatrist of the GB Hospital, Agartala. The treatment, however, could do little improvement. At intervals the degree of insanity soared and made her violent. On some occasions she was found silent, not talking to anybody or refusing to take food. However, from their wedlock a son was born during the period of seven years of marriage. She along with her son has been living permanently with her parents, as she was not in a position to lead a conjugal life due to her incurable insanity. By instituting the divorce proceeding the husband has prayed for a decree of nullity of their marriage under Section 12 (1) (b) of the Hindu Marriage Act (for short 'act') on the ground that at the time of marriage the appellant was suffering from recurrent attacks of insanity, which is a breach of the conditions contained in Section 5 (ii) (c) of the Act.

(3.) THE appellant wife resisted the suit denying, inter alia, all the allegations pertaining to insanity and abnormal behaviour. It is contended that after the marriage she lived with her husband happily for some time. But soon after her husband had left for his place of posting at Kailashahar, her in-laws subjected her to mental and physical torture on demand of dowry. It is alleged that at her marriage her father spent Rs. 60,000/- on ornaments and furnitures only and paid in cash Rs 4,000/- out of a demand of Rs. 10,000/ -. She also lived with her husband for some time at Kailashahar and gave birth to a male child on 15. 12. 1993. However, the situation did not improve as her husband and other in-laws mounted pressure upon her for dowry, which her father failed to pay. Finally, she and her son were driven out compelling her to take shelter with her parents. As she has no means of livelihood and the husband refused to provide maintenance she had to approach the Court of Judicial Magistrate with an application under Section 125 of the Code of Criminal Procedure. The petition was allowed and an amount of Rs. 900/- was directed to be paid towards maintenance. The allegation of her suffering from insanity since before her marriage being totally false and baseless she prayed for dismissal of the suit of her husband.