BABU LAL SHARMA Vs. URMILA SHARMA

JUDGEMENT

(1.) THIS appeal under Section 19 of the Family Court's Act, 1984 has been filed by the husband, Babu Lal Sharma for divorce against his wife on two grounds mentioned in Clauses (ib) and (iii) of Section 13(1) of the Hindu Marriage Act. These Clauses arc as follows :

(2.) THESE grounds were denied by the wife in her written statement. On the pleading of the parties the trial court framed two issues, first, whether the respondent (wife) had undeveloped mind and secondly, whether the respondent had deserted her husband (appellant) for the last more than two years.

(3.) WHAT is required by the said clause is that the person should be incurably of unsound mind which is different than undeveloped mind. The two can not be mixed up. In the instant case there was no evidence medically or otherwise of her unsoundness of mind.