NIRMALA DEVI Vs. VIJAY KUMAR

JUDGEMENT

(1.) THE controversy raised in this revision petition is

(2.) THE answer to the aforesaid controversy can be judged from the facts of the present appeal.

(3.) VIJAY Kumar, petitioner-respondent had filed a petition under Section 13 of the hindu Marriage Act for dissolution of marriage by way of decree of divorce, against the present appellant on the ground of cruelty. It was the case of the petitioner-respondent that after the solemnization of the marriage on 26-1-1992 at Jalandhar, they shifted to Delhi. Immediately after the marriage, the petitioner-respondent came to know that the respondent-appellant had got installed a pace-maker in her heart because she was suffering from chronic heart disease and was thus unable to discharge her matrimonial obligations. It was alleged by the petitioner-respondent that after coming to know of the chronic disease from which the respondent-appellant was suffering, the relations between them became strained because by not disclosing this fact before the marriage, the respondent-appellant and her parents have played a fraud with the petitioner-respondent. It is alleged that in the year 1996, the petitioner and the respondent-appellant shifted to Ludhiana and permanently settled there. At Ludhiana, the respondent in a state of ill-mental health tried to commit suicide and she remained admitted in the hospital for two days. In the month of October, 1997 the respondent left the house of the petitioner with an intention to break the matrimonial ties and despite several efforts made by the petitioner-respondent she did not return to the matrimonial fold. It is alleged that out of the wedlock two sons were born, who are now residing with the respondent-appellant. Hence, the present petition was filed by the petitioner-respondent for dissolution of marriage under Section 13 of the Hindu marriage Act.