SADANAND PRASAD ALIAS BIRESH Vs. RUKMINI DEVI

JUDGEMENT

(1.) This first appeal has been filed under the provisions of Hindu Marriage Act by the husband-appellant against the judgment and decree dated 11.11.2004 passed by Sri Krishori Ram, the learned Additional District Judge, Fast Track Court No.1, Nalanda in Matrimonial Case No. 25 of 2000 dismissing the appellants case for divorce.

(2.) The petitioner-appellant filed the aforesaid Matrimonial Case No. 25 of 2000 praying for a decree of divorce against his wife, the opposite party-respondent on the ground of cruelty, desertion and mental disorder.

(3.) According to the appellant his case in short is that his marriage with O.P.-respondent was solemnized in the year 1990 in the village Rahui. Second marriage i.e. Ruksadi was performed in 1993. Thereafter his wife went to matrimonial home. She never lived in harmony with the appellant and started quarrelling with the family members and also with the petitioner, causing mental torture to the appellant-husband. Regularly she used to leave the matrimonial house without consent of the family members. In spite of the appellants persuasion to her to abstain from her conduct, she did not obey. Inspite of appellants request she did not perform her matrimonial duty and obligation. She disassociated and did not cooperate with the appellant, as a result of which the appellant has spent sleepless night. She even several times disagreed for sexual intercourse without any just reason as she was always suffering from mental tension and uncertainty and also incurable mental disabilities which is harmful and injuries to the appellant.