LAWS(P&H)-1985-10-4

TARLOCHAN SINGH Vs. JIT KAUR

Decided On October 30, 1985
TARLOCHAN SINGH Appellant
V/S
JIT KAUR Respondents

JUDGEMENT

(1.) THE controversy in appeal here is with regard to the mental condition of the wife--Jit Kaur. It arises in the context of the annulment of marriage as sought by the husband Tarlochan Singh under S. 12 (1) (b) and in the alternative a decree for divorce under S. 13 (1) (iii) of the Hindu Marriage Act, 1955.

(2.) TARLOCHAN Singh and Jit Kaur were married on July 18, 1982 and it was only for a short period that they lived together. It being 10 days as per the husband while according to the wife it was after four months that she left.

(3.) IT was the case of the husband Tarlochan Singh that his wife was insane both before and after the marriage and this fact was deliberately concealed from him. During the ten days that Jit Kaur lived with him, he stated that she was violent, tore her clothes, attempted to kill herself and injure others. As he could not control her, he sent for her parents and brothers who then came and took her away. A plea was also raised that she had been admitted in the Mental Hospitil, Amritsar in 1980 where she was stated to have been treated for insanity.