RAJ KISHORE SHARMA Vs. BIMLA SHARMA

JUDGEMENT

(1.) This appeal has been preferred under Sec. 28 of the Hindu Marriage Act, 1955, whereby the appellant-husband has challenged the decree in the Matrimonial court dismissing the application filed by the appellant under Sec. 13(1) (iii) of the Hindu Marriage Act. The parties were married and started living with her husband at Birsanagar in the town of Jamshedpur. A child was also borne out of the wed-lock.

(2.) The husband's case is that respondent was suffering from unsoundness of mind which according to the appellant was evident from the fact that she was once admitted at Central Institute of Psychiatry Ranchi where she was treated by Dr. A.B. Mukherjee for psychopathic disorder and in support of that relevant documents were filed before the court below. The appellant alleged that the respondent became dangerously lunatic. She even attempted to strangulate her child. The husband cited instance of abnormal behaviour of respondent from which it is established that she was suffering from mental illness.

(3.) That allegations made by the husband in his application for dissolution of marriage has been strongly refuted by the wife in her written statement. The respondent alleges that from the very day she went to her husband's place, her mother-in-law and sister-in- law made sarcastic remarks about her. After two days she returned to her father's place and narrated the incident which happened in her in-laws' place. Her parents asked her to calm down hoping the matters should get settle in course of time. She again returned to her-in-laws' place but had to several humiliation in the hands of her mother-in-law and sister-in-law who always found different fault with each and every action of the respondents". She became pregnant in the mean time and returned to her parents' house. The appellant or his parents did not bother for the welfare of the respondent and did not care to call her back. The brother/and uncle of the respondent went to the appellant's house and requested them to bring respondent back but the request was turned down on some pretext. She was not brought back with some motive. In December 1995 a male child was born to the respondent. Intimation of the birth was given to the appellant but no body care to the respondent and her son. However, on 30-3-1986 some relation of the appellant took respondent to Jamshedpur where she was subjected to mental and physical torture. Even she was not allowed to meet any person in the neighbourhood. Even the brother of the respondent was not allowed to meet her. She was alleged kept confined in a small dark room for two days without food and water ultimately she was rescued and brought by her brother to Ranchi. All these happened due to inability of the respondent's parents to give Rs. 25,000 cash as dowry to the appellant. The respondent holds the sister of the appellant and his uncle responsible for spoiling the matrimonial life of the parties.