JAGTAR SINGH Vs. KULWANT KAUR ALIAS BALWINDER KAUR

JUDGEMENT

(1.) THIS appeal has been preferred by the husband, whose divorce petition under Section 13(1)(i-a) and (i-b) of the Hindu Marriage Act, 1955 has been dismissed by the learned Additional District Judge, Amritsar vide judgment and decree dated 30.4.2003.

(2.) THE marriage between the parties was solemnized on 10.12.1993. They resided together and co-haibited as husband and wife and from the wedlock a male child was born on 5.12.1994. Alleging, however, that the respondent has been treating the appellant with cruelty and that too of such a magnitude that it has become dangerous for the appellant to live with the respondent as she is very short tempered and is also a case of mental disorder as she has been getting medical treatment from the Mental Hospital at Amritsar due to which she is neither able to look after herself nor their minor child, that the appellant filed the present divorce petition. It was also averred that the respondent is schizophrenic and cannot differentiate between wrong and right, her mental faculty is below average; she cannot look-after even herself what to talk of their minor child and is unable to cook food or to do other domestic households. The appellant further averred that the respondent has deserted him for a continuous period of not less than four and a half years since 10.8.1996, therefore, he is entitled to get divorce on the ground of desertion also. In this manner, the appellant sought a decree of divorce on the ground of cruelty, desertion and the respondent being a case of mental disorder.

(3.) ON the basis of the pleadings, the learned Additional District Judge framed following issues :-