ANITA Vs. HAR BHAGWAN

JUDGEMENT

(1.) APPELLANT -wife has filled this appeal under Section 28 of the Hindu Marriage Act, 1955 (for short 'the Act') assailing the decree of divorce granted against her under Section 13 of the Act.

(2.) RESPONDENT -husband had filed a petition under Section 13 of the Act alleging that the appellant was of unsound mind and was suffering from mental disorder of such a kind and to such an extent that he could not reasonably be expected to live with her. She was also charged with having treated him with cruelty and of deserting him.

(3.) IN the written statement, the appellant denied the allegations. She claimed that she had been turned out of her matrimonial house in February, 1995 for not fulfilling her husband's illegal demands for dowry. She denied that she was suffering from bouts of depression and confined herself in a room. She rather took the stand that her husband and his family members kept her without food for several days and locked her in a room in order to coerce her to fulfil their illegal demand of money and other valuable articles. She claimed that she had not become unconscious on account of her illness but on account of going without food continuously for 2/3 days. She claimed that it was because of the cruel treatment of her in-laws that she became mentally tense and had to be treated at Sir Ganga Ram Hospital. She categorically denied suffering from any mental disease. She further claimed that she was always ready and willing to live with her husband, if she was given due respect, honour and status by them. She also controverted the claim of the husband that the marriage was attended only by 8/10 persons. According to her, there were more than 60 persons at the marriage.