PRAKASH KUMAR BACHLAUS Vs. CHANCHAL ALIAS JAYA

JUDGEMENT

(1.) `marriages are made in Heavens and they are only performed here on this earth', is the oft quoted extract from Hindu mythology. Hindu Marriages is a sacrament and not a contract is another tenet. To sustain and endure a marriage, the couple has to sail through various tides in life. Feeling of love, affection, depression, broken heart, unfulfilled desires are some of them. For ultimate good and peace in Society marriages must endure and last and not allowed to be broken easily. Hindu Marriage Act, 1955 was enacted by Parliament with these parameters in mind.

(2.) THIS is husband's appeal having lost before the Family Court, who sought a decree of annulment of his marriage which took place on 30. 11. 1993 according to Hindu rites under Sec. 12 of the Hindu Marriage Act, 1955 (hereinafter referred to 'as the Act') on the ground that a fraud was played upon him and his wife Smt. Chanchal @ Jaya who was suffering from Schizophrenia & Gilbert Syndrome and, therefore, after living with her for about 5 months, the marriage broke down on 14. 5. 1994 when the wife left the matrimonial home and since then the couple is living separately.

(3.) WE have heard learned Senior Advocate Mr. S. M. Mehta, for the appellant husband and Mr. RK Agrawal for the respondent-wife at length. This court even made efforts for reconciliation between the parties after calling the parties to Court but while the wife appeared to be ready and willing to unconditionally go to the matrimonial home and live with the husband, the appellant husband gave a flat refusal and was not at all ready and willing to take back the wife into the matrimonial home. The parties having constantly failed to arrive at a mutual settlement, the court proceeded to hear the present appeal on merits and the same was heard at length.