SARASWATI Vs. GOPAL

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) This appeal is against the judgment and decree dated 19-9-1994 by which the District Judge, Bikaner in Petition No. 111/1990 allowed the respondent's application filed under Section 12 (1) (b) and Section 13 (1) (iii) of the Hindu Marriage Act, 1955 (for short 'the Act of 1955') and granted divorce decree.

(3.) Brief facts of the case are that the marriage of the appellant and respondent was solemnised on 12-5-1986. Out of the wedlock, a daughter was born after about 18 months. The respondent husband's allegation in the divorce petition was that the appellant was suffering from the disease - epilepsy. She was sick since before her marriage and the appellant's parents got the appellant married with the respondent by suppressing this fact. It is submitted that on the day one, when the appellant came to the house of the respondent, there was attack of epilepsy and she fell down and all symptoms of epilepsy were apparent from the body of the appellant. The respondent subsequently found that the appellant was suffering from the said disease since the age of 7 years. Be it as it may be, the respondent tried to give treatment to the appellant firstly in Ayurvedic Hospital - Dhanwantri Aushadalaya where Vaidhya Dayaldas was there. However, he could not cure the disease. Thereafter, the appellant was given treatment in the Government Hospital - P.B.M. Hospital, Bikaner. There Dr. Advani gave treatment to the appellant in the year 1987-1988 but the appellant's ailment continued and there was no possibility of the appellant's recovery, therefore, the respondent called the appellant's father and he was apprised of all the facts and thereupon the appellant's father took the appellant with him on 16-5-1988. It is submitted by the respondent, that since 16-5-1988, the appellant is residing with her parents. The divorce petition was filed on 23-7-1990.