PRATAP LAL Vs. KUNDANA

JUDGEMENT

(1.) In this appeal the husband who was petitioner in the divorce petition has contested the findings of Family Court, Udaipur wherein on issues Nos. 1 and 2 case of the petitioner-appellant was negated by the Family Court.

(2.) The case of the appellant is that his wife Smt. Kundana suffers from mental disorder and leprosy, therefore, a decree of divorce should be granted. The trial Court found that no evidence of mental disorder has, been put forward to bring home the charge levelled by the appellant-husband that the respondentwife suffers from such kind of mental disorder that the marriage should be dissolved. On the count of nature of skin disorder, which is alleged to be leprosy, it has been found that the appellant has failed to produce any evidence of the nature that the respondentwife suffers from virulent, incurable leprosy. At the request of the appellant we summoned the respondent-wife to the Court and had occasion to observe her keenly and questioned her about the disease. We found no traces of leprosy on her which can be said to be virulent or incurable so much so that her hands which were exhibited in the Court before learned counsel for the appellant and the Court, had no traces of any kind of skin disorder and she has intelligibly answered the query of the Court. Therefore, it did not appear to the Court that she suffers from any mental disorder either.

(3.) In view of evidence on record and observance of this Court, we find enough support to uphold the findings of the trial Court. There is no irregularity or illegality in the order passed by the Family Court. Thus, we are not inclined to interfere with the decree passed by the trial Court and the same is confirmed and this appeal is dismissed. Appeal dismissed.