RAGHUBIR DAS Vs. SARBAMANGALA DAS

JUDGEMENT

(1.) THE appellant/husband filed a petition in the Court of the learned District Judge, Karimganj, under Section 12 (1) (b) as well as under Section 13 (1) (iii) of the Hindu Marriage Act, 1955 (in short, "the Act") seeking annulment of marriage solemnized with the respondent/wife on 07. 03. 1994 by a decree of nullity and for dissolving such marriage by decree of divorce on the ground that the respondent/wife has been suffering from incurable mental disorder since before the marriage and is physically and mentally incapable for the marital life with the petitioner. In the said petition, the respondent/wife was shown to have represented by Shri Pronab Das, her elder brother, she according to the appellant/husband, being a women of unsound mind.

(2.) THE respondent/wife, on receipt of the summons, entered appearance and filed application praying for allowing her to represent herself in the said proceeding, controverting the statement made in the petition that she being a women of unsound mind is not capable to represent herself. The learned District Judge upon hearing the learned counsel for the parties vide order dated 15. 11. 1997 allowed her to contest the proceeding herself and not through the next friend or guardian. The respondent/wife, thereafter, filed the written statement denying the claim of the appellant/husband about her mental disorder and prayed for dismissal of the divorce petition by contending that though her husband is a good person but because of her husband's brother's wife (sister in law) she was driven out from her matrimonial house and not allowed to go back but still she wants to live with her husband.

(3.) THE learned Trial Court on the basis of the pleadings of the parties framed the following six issues :