GURDHIAN SINGH Vs. GURMEET KAUR

JUDGEMENT

(1.) JOINT statement of the parties has been recorded. In view of the joint statement of the parties which is to the effect that they have reached a point of no return and they have thought it better to dissolve their marriage with their mutual consent instead of dragging it relentlessly and also that the wife has received a sum of Rs. 1,50,000/- by way of permanent maintenance and alimony and in lieu of dowry which had been given to the husband by the parents of the wife, Husband owes nothing to the wife hereafter nor wife owes anything to the husband, the marriage of Gurdhian Singh and Gurmeet Kaur is dissolved by decree of divorce with mutual consent under Section 13 (B) of the Hindu Marriage Act. Appeal has become infructuous and is accordingly disposed of. Orders in C. M. 3335, 3336, 3337-CII of 1995. Gurdhian Singh (husband) instituted petition under Section 13-B of the Hindu Marriage Act for the grant of decree of divorce and for annulment of marriage under Section 12 (1) and 5 (ii) C of the Hindu Marriage Act against his wife Gurmeet Kaur on September 12, 1994. Husband based his claim for dissolution of marriage with his wife on the ground that the wife was suffering from intermittent fits (mental dis-order ). She had attacks of mental illness twice or thrice a day. When she suffered attack of mental illness, she remained un-conscious for hours together in the wake of that attack. His further claim is that when the marriage was settled, it was not disclosed to him by the wife's side that she was suffering from mental dis-order. If the fact of mental dis-order had been disclosed to him, he would not have entered marriage with her. She was suffering from epilepsy. Even before the marriage and at the time of marriage also she was suffering from epilepsy. His consent to this marriage was obtained by practicing fraud upon him.

(2.) WIFE contested the claim of the husband urging that she never suffered from any mental disorder or (epilepsy ). She further urged that husband was desirous of getting rid of her as she was not able to fulfil his demand for dowry viz Hero Honda Motor Cycle and colour T. V. in lieu of Bajaj Scooter and black and white T. V. respectively. Finding that demand for dowry was not being fulfilled, he started mal-treating and beating her. Eventually, she was turned out of the matrimonial home with wearing apparel only. Effort made by her for her rehabilitation into the matrimonial home did not bear any fruit. Addl. District Judge, Patiala dismissed this petition with costs vide order dated 12. 5. 1995. Husband did not relent and knocked the door of this Court against this decision.

(3.) THEY draw up the modalities of how they could put an end to their marriage and carve out future afresh for them and with this end in view they have put in compromise Exhibit C-l before this Court.