SATISH KUMAR PURI Vs. SHASHI BALA

JUDGEMENT

(1.) THE present appeal has been filed against the judgment and decree dated 23rd November, 1990 passed by the learned District Judge, Hoshiarpur, whereby the petition under Section 13(l)(iii) of the Hindu Marriage Act (Act for short) filed by the Appellant Satish Kumar Puri for the grant of divorce has been dismissed.

(2.) THE facts of the case are that the marriage between the parties was solemnized at Hoshiarpur on 7th December, 1984 according to Hindu religious rites. After the marriage, the Appellant found the Respondent to be mentally up set and unfit and suffering from mental disorder. She remained restless and sluggish in the house. He complained to her parents regarding her condition, who posed that she had not slept for days that is why she is restless and she will be alright after few days. In fact, she was mentally deranged and this fact has been concealed from him at the time of marriage. It is stated that the Respondent has been suffering continuously or intermittently from mental disorder of such a kind and to such an extent that the Appellant cannot reasonably be expected to live with her. She was mentally ill before her marriage and even now her mental condition is the same. During the time the Respondent lived with the Appellant, she had mental fits and used to loose all her senses and became violent and abusive. She used to beat whosoever came in her way. It was also contended that the eye sight of the Respondent is very weak and had this fact been brought to his notice before marriage, he would not have performed the marriage. It is further stated that the parties had attended a marriage at Delhi and on the way back, they stayed at Chandigarh. The mother of the Respondent was also with them. They left the Appellant at the house where they stayed and the Respondent and her mother went to P.G.I, for treatment. It transpired that she had been getting treatment for mental illness before and after the marriage. Besides, she got herself treated from Dr. Sarbjit Singh from Jalandhar for her mental ailment. She was also treated at Amritsar under a fake name. She was admitted at P.G.I, and got treatment from the Psychiatry Department. This fact was also concealed from the Petitioner. It is stated to be a case of acute maniac excitement. She has been suffering continuously from this disease and has caused mental as well as physical cruelty to the Appellant. The Respondent lived for 10/12 days in the house of the Appellant and thereafter a month or so in the house of her parents and the state of affairs went on till July, 1985 when the parents of the Respondent came and took her to their house. There is no issue out of the wedlock between the parties. On these grounds, the Appellant had prayed for dissolution of the marriage between the parties by a decree of divorce.

(3.) REPLICATION was filed by the Appellant in which the averments made in the written statement are denied and those made in the petition for the grant of divorce have been stated to be correct. The learned trial Court on the basis of these pleadings framed the following issues: