SURENDRA SINGH Vs. PAWAN VERMA

JUDGEMENT

(1.) THIS appeal has been filed under Section 28 of the Hindu Marriage Act, 1955 against the judgment and decree dated 9-1-1998 passed by the Additional District judge No. 1, Bharatpur in Civil Misc. Case no. 14/1996 dismissing the application submitted by the appellant under Section 13 for the dissolution of the marriage.

(2.) THE brief facts giving rise to this appeal are that the marriage between the parties, the appellant-husband and the respondent wife took place on 3-12-1992 and it is urged in the petition that on or before 21 -2-1993 the respondent-wife tried to pour kerosene oil on herself to immolate herself but was prevented by the husband-appellant with great difficulty. On the next day on 22-2-1993 on information having been sent by the appellant to his in-laws, the brother of the respondent-wife and her brother-in-law came and took her to her parental home. It is alleged that the respondent used to behave in an abnormal manner and it is further alleged that even prior to her marriage she suffered from mental disorder. In the petition it was alleged that the appellant made an enquiry and came to know that even prior to the marriage the respondent-wife was being treated for the aforesaid ailment. It was also stated in the petition that the respondent was treated by Dr. Madhuwan Singh in his Hospital for the aforesaid purpose. It is submitted that on 17-2-1994 the respondent was taken to the hospital and looking to her ailments, it was impossible for the appellant-husband to continue the marriage and hence on the grounds mentioned in Clause (iii) of Section 13 (1) that the respondent being incurably suffering from mental disorder of unsound mind the decree for dissolution of marriage was sought by the husband-appellant.

(3.) THE respondent filed a reply and denied the allegations. In response the respondent filed her reply and alleged that the husband-appellant used to treat her with cruelty because of the fact that sufficient amount of dowry was not given in the marriage. It was alleged in the reply that the husband treated her very badly and even poured kerosene on her body to burn her. She denied that she was mentally unsound or was treated for this ailment. She also submitted that as a result of the marriage she gave birth to a girl child. It is further alleged that she was subjected to ill-treatment on account of having given birth to a girl child and was driven out of her home. It was submitted in the reply that the husband and her-in-laws told her that she could come back only if she came with Rs. 20,000/-in cash. She denied that she had left her matrimonial home without reasonable cause. In the reply she stated that she is willing to stay with her husband in case her in-laws gave her guarantee of security for her life and that of her child. It was thus prayed that the application be dismissed.