UMA WANTI Vs. ARJAN DEV

JUDGEMENT

(1.) Appellant-wife had assailed the Judgment and decree of the trial Court passed in HMA petition No. 30 of 2-6-1987 decided on 28-10-1987.

(2.) Uncontroverted facts are that the appellant was married with the respondent Arjan Dev on 12-10-1983 at Bhim Nagar, Gurgaon, in accordance with Hindu rites and rituals. The marriage was consummated and appellant gave birth to a female child on 26-12-1984. The child expired after about 1 1/2 months.

(3.) The respondent filed a petition for divorce under Section 13(i) (i-a) (i-b) (iii) of the Hindu Marriage Act, 1955 (hereinafter referred to as the Act) seeking for dissolution of marriage on the ground of unsoundness of mind, cruelty and desertion. Respondent averred that before marriage, it was not disclosed to him that appellant is of unsound mind. Only after marriage, he came to know of her mental disorder which is incurable. From the very first day of matrimonial life, the appellant behaved in a peculiar way, she was not obedient and declined to cohabit. She does not understand the responsibilities of a house wife. She has no sense of living like a wife in a matrimonial home. She does not wash her hands after answering the call of nature. After taking bath sometime, she does not put on clothes properly. She urinates even outside the house. When she was advised not to behave in this manner, she would start crying and tearing of clothes. Her habit of taking her meals was also eccentric. Sometime, she urinated in her clothes. She is quarrelsome by nature. Sometimes she become violent. Her behaviour is intolerable to the respondent. After the marriage, when a complaint was lodged with the parents of the appellant, her mother promised to get her treated but nothing was done. At the time of delivery, she was taken to hospital by her mother without informing the respondent. When the child became ill, she had left the child at the respondent's house and went to her parental home. The child expired due to her negligence and carelessness. She left the matrimonial home in Feb., 1984 since then, she is residing with her parents and has refused to come back to the respondent. Thus, on these counts he prays for dissolution of marriage.