RAJENDRA PRASAD Vs. KRISHNA DEVI

JUDGEMENT

(1.) This appeal is directed, against the judgement and decree dt. 5th Sept. 1985, passed by the learned District Judge, Jaipur city, Jaipur, under S.28 of the Hindu Marriage Act, 1955 read with S.96 of the C.P.C. in Civil Misc. (Marriage) case No.73/83. Whereby the appellant's application under S.13 of the Hindu Marriage Act, 1955 (hereinafter referred to as 'the Act') was dismissed and a decree for restitution of conjugal rights was passed in favour of the respondent.

(2.) The appellant filed an application under S.13 of the Act, in which it was stated that the marriage of both the parties took place on 22nd Nov., 1978 at Jaipur according to the Hindu rites and customs. It was further stated that the respondent lived with the appellant in his house at Jaipur up - till April 1980. She left the house of appellant and went away with her father of her own desire. It was further asserted in the application that respondent Mst. Krishna Devi, is of incurably unsound mind and has been suffering from mental disorder, on account of which she becomes abnormally aggressive and irresponsible in her conduct. In that state of mental disorder she behaves cruely with the appellant and abuses him, beats and bites him and also beats her own self. The non appellant respondent gets this mental disorder and fits 3 to 4 times in a month. The appellant got her medically treated but with no success. It was, therefore, stated that the mental disorder of the petitioner is of such a kind and to such an extent that the appellant cannot live with her. It was also stated that in May, 1980, the respondent got similar mental disorder and attack of fits, she gave beatings to the petitioner (appellant). Her father came to the house of the appellant in night and he also gave him beatings and the respondent went away with her father and also took away suit case containing golden jewellery, silver ornaments, clothes and also Rs. 10,000/- in cash. Since then the respondent is living with her father of her own sweet will and thus has deserted the appellant without any reason and has willfully neglected him. It was also alleged that respondent never served food to the appellant and whenever she was asked to prepare food she used to give beatings to the appellant. It was further alleged that she also misbehaved with the father of the appellant. Therefore, the appellant filed this appeal on the grounds of unsound mind, mental disorder, cruelty and desertion.

(3.) The respondent in her statement denied all these allegations and stated that she has been serving the appellant obediently as Hindu wife could do and whenever she went to her father's house, she went only with the permission of the appellant. It was also denied that she was suffering from mental disorder and of unsound mind and gave beatings to appellant during those fits or otherwise as alleged by the appellant. It was further alleged that she lived with the appellant uptill 'Deepawali' of 1982 when on the next day the appellant left her at the residence of her father and thereafter appellant never cared to bring her back to his house. It was also denied that she took away any golden jewellery, silver ornaments and cash Rs. 10,000/- etc. as alleged in the application. It was further stated that the appellant has withdrawn from her society without any reasonable cause and therefore, the respondents entitled to a decree of restitution of conjugal rights.