SATISH Vs. SMT. MINAKSHI

JUDGEMENT

(1.) The present appeal has been filed by the appellant-husband under Sec. 28 of the Hindu Marriage Act, 1955 (for brevity to be referred as 'the Act of 1955'), assailing the judgment and decree dtd. 16/7/2010 passed by learned Additional District Judge, Bandikui, Distt. Dausa, (hereinafter referred to as 'Trial Court') whereby the divorce petition filed by the appellant for seeking dissolution of marriage, was dismissed.

(2.) Briefly stating, the facts of the case are that the marriage between the appellant-husband and the respondent-wife was solemnized on 4/5/1998 and out of the said wedlock, a daughter born to respondent.

(3.) Reply to the divorce petition was filed by respondent and all the allegations levelled by the appellant therein were categorically denied. It was stated in the reply that the appellant has been physically handicapped since childhood and also suffers from partial baldness, and she was well aware about his disability and physical appearance prior to the marriage, and with full knowledge thereof, respondent willingly consented for marriage with him. It was specifically denied that the respondent ever insulted the appellant about his physical appearances.