NAND KISHORE NANDAN Vs. RITA DEVI

JUDGEMENT

(1.) The present appeal is directed against the judgment dtd. 23/9/2017 and decree dtd. 7/10/2017 passed by learned Principal Judge, Family Court, Vaishali at Hajipur in Divorce Case No. 39 of 2011, whereby and whereunder the application filed by the appellant-husband under Sec. 13 of the Hindu Marriage Act, 1955 has been dismissed.

(2.) Briefly stated facts of the present case is that appellant/petitioner married with opposite party/ respondent on 20/4/2007 at the paternal house of the respondent. It is stated in the petition that respondent was feeble minded since childhood and her behaviour was not normal as she used to attack someone and the said unusual conduct made by the respondent was not intimated to the father of the appellant and marriage of respondent was solemnized with appellant by concealing the aforesaid fact. After marriage, the respondent/wife (Rita Devi) came to the house of the appellant and her behaviour was witnessed by appellant's side which was not normal. She started behaving in a strange way. Her behaviour was so unusual that she was presumed to be in intoxicated condition. Her strange behaviour was intimated to the father of the respondent who came there and after administering medicine, she became normal. It is stated that brother and father gave medicine to respondent and when query was made regarding the medicine taken by the respondent from the chemist, it is found that she was suffering from mental illness. It is further stated that respondent was taken by her father. On 20/4/2010, respondent was dropped at the house of the appellant. The appellant started treatment of respondent but her condition did not improve. On 6/3/2011, father and two brothers of respondent came to the house of the appellant and on 7/3/2011 they took away respondent and her jewellery and clothes. It is further averred that appellant remained mentally as well as physically worried due to lunatic behaviour of the respondent. It is further stated that no child has taken birth despite lapse of four years of marriage and appellant is facing danger of his life on account of cruel and lunatic behaviour of respondent.

(3.) Pursuant to the notice, respondent appeared and Court has taken effort for amicable settlement between both the parties but of no avail.