UMA SONI Vs. SURESH SONI

JUDGEMENT

(1.) THE appellant has come up in appeal against the judgment and decree dated 06.12.2000 passed by the Additional District Judge, Patiala, whereby the petition filed by the respondent -husband was accepted and the marriage between the parties was dissolved by a decree of divorce.

(2.) THE respondent -husband had filed the petition under Section 13 of the Hindu Marriage Act, 1955 (Act - for short) stating that the marriage between the parties took place on 01.02.1998 at Gurgaon and, thereafter, they esided together as husband and wife at Patiala. No child was born out of the wedlock. It was not disclosed to him that the appellant was suffering from mental disorder and he came to know of the same after marriage. She needed constant medical care and the respondent took her to different doctors who confirmed that she had somepsychiatric problem. Later on, she refused to accompany him to any psychiatrist. Her behaviour was abnormal, aggressive and irresponsible. She would pick up quarrel over trivial matters and misbehaved with the respondent and his family members and also at times with guests. Sometimes she would resort to violence and throw about household articles. She could not perform the normal household chores. She being of incurable unsound mind, it could not be reasonably expected for the respondent to live with her as he was subjected to mental cruelty.

(3.) THE appellant controverted the allegations of the respondent stating that her husband was a greedy person and he was earlier also married, but that marriage had broken down due to demands of dowry by the respondent. It was pleaded that the appellant was compelled to leave the matrimonial home as she could not fulfill the unreasonable demands of her husband regarding more dowry by way of cash. She was mentally and physically tortured by him and his family pressurizing her to bring an amount of Rs.50,000/ -. On 06.03.1998, she was left by the respondent at Gurgaon and he wrote a letter dated 05.08.1998 levelling wild allegations against her. It was stated that the petition was a counter -blast to the criminal case lodged by her.