SHANTI DEVI Vs. RAM NATH

JUDGEMENT

(1.) SHRIMATI Shanti Devi was married to Ram Nath in 1962. In December 1967, a petition for the dissolution of this marriage under Sections 12 and 13 of the Hindu marriage Act, 1955 hereinafter called the Act, was made by the wife. The annulment of the marriage was claimed on the ground that the husband was impotent and also an idiot, and the ground for divorce was that he had been incurably of unsound mind for a continuous period of not less than three years immediately preceding the presentation of the petition as given in Section 13 (1) (iii) of the Act.

(2.) THE husband contested this petition and denied the allegations made by the wife.

(3.) ON the pleadings of the parties, issues were framed but the relevant issue, with which we are concerned in this revision petition, is issue No. 2, which says:--"whether the respondent (husband) has been incurably of unsound mind for a continuous period of not less than three years immediately preceding the presentation of this petition".