SOM DUTT Vs. BABITA RANI

JUDGEMENT

(1.) Appellant-husband has come up in appeal against the judgment and decree dtd. 7/4/2004 of the Additional District Judge, Faridkot, whereby petition filed by him under Sec. 13 of the Hindu Marriage Act (for short 'the HMA') for dissolution of marriage has been dismissed.

(2.) The marriage between the parties was solemnised on 23/11/1990 at Narnaul, Tehsil and District Mohindergarh (Haryana) according to Hindu rites. Two sons, namely, Rahul and Rohit were born out of the said wedlock. As per appellant-husband, respondent-wife is suffering from incurable mental illness and becomes violent and beats the children mercilessly and even goes to the extent of attacking the appellant. The best efforts made by the appellant to get the respondent treated medically did not bear fruits. Respondent even refuses to cook meals for the appellant, therefore, he had to go to sleep without food. Respondent deserted the appellant without any reason more than 3% years ago immediately preceding the petition. The efforts made by the appellant to rehabilitate the respondent in matrimonial home also failed leading him to file the petition for dissolution of marriage.

(3.) On notice of the petition, respondent-wife appeared and filed detailed written statement admitting the factum of marriage between the parties and children from the said wedlock. She denied that she was suffering from mental illness and ever physically assaulted the children or husband or ever denied them food. Rather appellant had levelled false allegations against the respondent to get divorce and it was the appellant who forced her to leave the matrimonial home. She made efforts to get herself rehabilitated in her matrimonial home. Respondent denied all the averments made in the petition and sought dismissal of the same.