SUJIT KUMAR PANDEY Vs. ANJALI DEVI

JUDGEMENT

(1.) The instant appeal has been preferred against the judgment dated 09.08.2005 passed by Principal Judge, Family Court, Dumka in Matrimonial(Divorce) Suit no.12 of 2001/ 146 of 2003 whereby the learned Principal Judge dismissed the petition filed by the appellant under Section 13 of the Hindu Marriage Act, 1955 for dissolution of the marriage and decree of divorce to the petitioner-appellant.

(2.) The case of the petitioner- appellant's is that the marriage was solemnised with the O.P.-respondent, Anjali Devi on 04.12.1997. After the marriage the appellant-husband and the respondent-wife used to reside at Deoghar where the appellant found his wife dull, depressed and abnormal. The appellant asked the respondent to go to for honeymoon to Bangalore upon which she expressed her unwillingness but on his persuasion she accompanied him to Bangalore. At Bangalore he found that the respondent was behaving in abnormal manner and on query she told him that she was suffering from mental abnormality and was under treatment of Dr.B.K.Singh, Patna since 1989 whereafter the appellant took her to National Institute of Mental Health and Neuro Science(NIMHANS) where the doctor opined that she was suffering from chronic mental abnormality. It is alleged that when the appellant demanded the past medical reports regarding her treatment, the respondent stated that it was lying with her father. The doctor at Bangalore prescribed some medicines and asked the appellant to take her back and get her treatment done by the doctor under whom she was treating.

(3.) On considering the evidence the suit was dismissed by the impugned judgment. Being aggrieved by the dismissals of his Matrimonial(Divorce) Suit the appellant/husband has preferred this appeal.