VEENA RANI Vs. MOHINDER KUMAR

JUDGEMENT

(1.) THIS is a First Appeal filed by Smt. Veena Rani, appellant- wife and has been directed against the judgment and decree dated 28.2.1997, passed by the District Judge, Rupnagar, who allowed the petition under Section 13 of the Hindu Marriage Act filed by Shri Mohinder Kumar, respondent-husband, against his wife Smt. Veena Rani.

(2.) THE brief facts of the case are that Mohinder Kumar filed the petition under Section 13 of the Hindu Marriage Act, alleging inter alia that the marriage between the parties was solemnized on 20.7.1992 at Panchkula, according to Hindus rites. After the marriage, the parties resided at Kaithal up to September, 1973 and thereafter, they shifted to Mohali. It is alleged that on the very first night of marriage, appellant, Smt. Veena Rani was cold, fridged, nervous and so recluse that she could not cooperate in performing the sexual act, although the respondent-husband made all efforts to excite her for the sexual act and this state of affair continued till the filing of the petition. The behaviour of the wife was just like a child of 5 or 6 years. She did not know the concept of menstruation, its period and interval. Due to incomplete development of mind the respondent never expressed emotions like joy, sorrow, fear, hate and love. She does not know how to express condolences. The infant son of the brother of the Veena Rani died in July, 1994 at Panchkula and on receipt of message, Mohinder Kumar took Veena Rani to Panchkula for condolence but she did not condole the death with her brother and his wife. Due to incomplete development of mind which amounts to mental disorder, the appellant-wife could not carry out the daily work. She did not know how many days are in a week and how many weeks in a month and she also cannot tell the number of months in a year. She has no knowledge about the festivals like "Karwa Chauth", Diwali and Dussehra and importance in life. She does not know which festival comes first and which afterwards and she cannot tell the names of her own near relations like maternal uncle, cousin, maternal grand-mother, maternal grand-father, mother's sister and their places of residence. Respondent suffers from such mental disorder that she is unable to run the household affairs. She does not know how to prepare Halwa, vegetables and other eatables and she is also unable to handle domestic appliances like frying pan, refrigerator, colour television, etc. It is also alleged that respondent-wife used to urinate in the open courtyard in the presence of the parents of the petitioner. The parties shifted to Mohali in October, 1993 and started living with the joint family of the petitioner and there also the appellant-wife continued her habit of urinating in the open in the presence of the family members. According to the petitioner-husband, the development of the mind of the appellant-wife is so incomplete that she cannot take a bus from Mohali to reach Panchkula of her own as she does not know as to from where the bus is to be taken and what fare is to be given to the Conductor. She does not know the distance between Mohali and Panchkula. It was also alleged by the respondent-husband that appellant-wife is suffering from such mental disorder and development of her mind is so incomplete that she cannot reasonably be expected to live with the respondent and that the doctor has also opined that the petitioner-wife is a case of mental retardation.

(3.) I may also state here that respondent had signed her written statement by writing the words "Been" instead of "Beena".