MADHURI VERMA @ PUSHPA VERMA Vs. VIJAY KUMAR VERMA

JUDGEMENT

(1.) This first appeal at the instance of wife-Appellant arising out of the order and decree dated 30.9.86 and 8.10.86 respectively, passed by 4th Additional Judicial Commissioner, Ranchi in Matrimonial Suit No. 12/86 whereby and where under their marriage has been dissolved by an ex parte decree.

(2.) The husband-Respondent Vijay Kumar Verma made an application before Judicial Commissioner, Ranchi against his wife-Appellant Madhuri Verma for dissolution of their marriage on the ground of cruelty as envisaged Under Sec. 13 of the Hindu Marriage Act (herein-after referred to as 'The Act'). The husband stated in the petition that his marriage with the Appellant was solemnized on 8th of May 1984 according to Hindu Rights and Customs at Gaya, thereafter his wife-Appellant came to Ranchi. After stay for some days went back at her father's place where she gave birth of child on 15.2.85. She again came back to her husband-Respondent's house on 22.4.85 and after a stay for about ten months she left for Gaya on 28.2.86 where she gave birth of Anr. child in the month of March, 1986. The Respondent alleged that his wife-Appellant was suffering from polio but such fact was deliberately concealed at the time of negotiation. She was also suffering intermittently from mental disorder of such a kind and to such an extent that she broke her bangles, washed of the Vermillion, caught hold the neck of her husband and made an attempt to set herself on fire by pouring kerosene oil over her body. He further alleged that she hurled abuses in presence of the friends, tried to kill the baby and behaved cruelly with her in-laws. Her cruel behaviour was to such extent that it can not reasonably be expected to live with her. Hence suit for dissolution of their marriage was filed.

(3.) The case was put upon 12.4.86 before the presiding officer who after admitting the case made an order to issue notice to the wife Appellant fixing the date 13.5.86. In pursuance of the notice the wife-Appellant appeared with, a prayer for time to file the written statement which was allowed and the case was adjourned to 23.6.86. On the subsequent dates, namely, 23.6.86, 6.8.86 and 30.8.86 the time was allowed for filing written statement but no written statement was filed on her behalf. The Additional Judicial Commissioner, Ranchi adjourned the hearing of the case to 23.9.86 on which date one witness was examined and on the next date i.e. on 27.9.86 two witnesses were examined and ultimately on 30.9.86 an ex-parte order was made whereby their marriage has been dissolved by decree of divorce which was signed on 8.10.86.