RADHA DEVI Vs. SANTOSH KUMAR GUPTA @ BHOLA BABU

JUDGEMENT

(1.) The present Appeal arises from order dated 30.08.2006 passed by the Principal Judge, Family Court, at Bhagalpur dismissing Marriage Case No. 48 of 2005, filed under Section 9 of the Hindu Marriage Act (hereinafter called 'the Act').

(2.) The parties were married on 20.06.1997. A female child was born from the wedlock. The respondent filed Matrimonial Case No. 17 of 2005 for annulment of the marriage on the ground that the Appellant suffered from unsoundness of mind and consent had been obtained for marriage by suppression. The Appellant also filed Marriage Case No. 48 of 2005 for restitution of conjugal rights under Section 9 of the Act. Both Suits were decided by the Principal Judge, Family Court at Bhagalpur though separately. Matrimonial Case No. 17 of 2005 filed by the respondent for divorce was dismissed on 02.01.2006 after perusing the report of the Director, RINPAS, Kanke in letter no. 6843 dated 24.12.2005 that the Appellant was not suffering from any psychiatric ailment. Admittedly no Appeal has been filed by the respondent.

(3.) The Suit under Section 9 of the Act filed by the Appellant has also been dismissed, concluding that the respondent had sufficient cause for living separate from the Appellant.