KANKAN DAS Vs. MANASHI KALITA

JUDGEMENT

(1.) Heard Mr. P.P Das, learned counsel for the appellant. Also heard Ms. K.K. Choudhury, learned counsel appearing for the respondent.

(2.) This appeal, under Section 19 of the Family Courts Act, 1984, is directed against the judgment and order dated 05.07.2017 passed by the learned Principal Judge, Family Court I, Kamrup, Guwahati in F.C.(Civil) Case No. 454/2013, whereby, the petition filed by the appellant as the petitioner under Section 13(1) of the Hindu Marriage Act, 1955, seeking dissolution of his marriage with the respondent has been dismissed.

(3.) The case, in brief, projected by the appellant in his petition is that the marriage between the appellant and the respondent was solemnised on 22.04.2012 in observance of Hindu rites and after the marriage, they started to live as husband and wife at the house of the appellant. But after a few days of the marriage, the appellant came to know that the respondent was a mental patient, which fact was kept concealed from him by the guardians of the respondent. Narrating an incident that occurred on 28.08.2012, he stated that when he and his other family members were sleeping at night,the respondent, at about 2-00 a.m., attempting to commit suicide, jumped into the well of the house of the appellant. Having come to know about the same, the appellant and his family members tried to rescue the respondent from inside the well but when they failed to do the same, they immediately informed the fire station at Sualkuchi. Thereafter, the fire service personnel came to the house of the appellant and rescued the respondent from inside the well. With regard to the said incident, the appellant stated to have lodged an ejahar before the Sualkuchi Police Station and Sualkuchi Police Station registered the same vide General Diary Entry No. 577 dated 29.08.2012. The matter was also informed to the local Gaonbura, who also issued a certificate in that regard. The appellant stated that he came to know that the respondent had also earlier attempted to commit suicide 5 years before her marriage and on 15.12.2012, she consumed petrol. After being recovered from the well, the respondent was admitted at Primary Health Centre, Sualkuchi for treatment and after treatment, the relatives of the respondent took her to her parental house. Thereafter, he came to know that the respondent was taken for treatment by her family members to one Dr. Sangita Dutta, who is a Psychiatrist and the appellant stated that the respondent was, at the time of the presentation of the petition, was also under the said treatment. Stating so, the appellant asserted that it would not be possible for him to continue his conjugal life with the respondent as there was apprehension that the respondent might attempt to commit suicide again. For such apprehension, he stated to have been suffering from mental agony and had prayed for dissolution of his marriage.