SURESH CHAND Vs. SUMITRA DEVI

JUDGEMENT

(1.) Instant appeal under Sec. 28 of the Hindu Marriage Act, 1955, has been filed by and on behalf of husband, assailing the judgment dtd. 21/3/2012, passed by District and Sessions Judge, Alwar, whereby divorce petition No. 471/2006, filed by appellant-husband, was dismissed on merits.

(2.) Necessary and relevant facts in nutshell as culled out from record are that marriage between the parties was solemnized way back on 18/7/1986 and thereafter Rasm of Gauna was performed in March, 1991. The marriage was consummated and out of wedlock, a son was born to respondent-wife in the year 2000 (exact date of birth is not on record). Husband filed divorce petition under Sec. 13 of the Hindu Marriage Act on 28/11/2006 stating inter alia that wife is mentally retarded and has left his matrimonial company from 13/3/2000. Divorce petition has been dismissed vide judgment impugned, hence, this appeal.

(3.) Having heard learned counsel for both the parties and after going through the impugned judgment, we find that Family Court has recorded a fact finding that after Rasm of Gauna, in the month of March, 1991, wife stayed with husband for near about 9-10 years and out of their conjugal relationship, gave birth to a son in the year 2000. The Family Court observed that the ground taken by husband that wife is mentally retarded and not able to perform house-hold chores and daily routine work, has not been established neither by oral evidence nor any document of her sickness has been produced, more so, such an allegation appears to be absurd as no documentary proof in support of providing treatment to wife has been produced by him, rather Family Court found that after marriage, husband got government job and posting as Male Compounder, hence, thereafter, since wife was an illiterate and uneducated woman, he was not agreeable to continue conjugal relation with her and filed the divorce petition. Such fact findings by the Family Court are based on statements of wife (NAW-1), her brother-Kishan Lal (NAW-2) and two independent witnesses, namely, Bhoop Singh (NAW-3) and Sugan Singh (NAW-4). In the evidence of husband, no convincing evidence was produced to prove mental sickness of his wife and he has not disputed the factum of getting the job of Male Compounder after his marriage.