ARVIND KUMAR UPADHYAY Vs. ANJU DEVI @ ANJU KUMARI

JUDGEMENT

(1.) Heard learned counsel for the appellant as also learned counsel for the respondent.

(2.) The petitioner-appellant is aggrieved by the Judgment and Decree dated 3.10.2013, passed by the learned Principal Judge, Family Court, Hazaribag, in Matrimonial Title Suit No. 127 of 2006, whereby the petition, filed by the petitioner-appellant, under Sec. 13 of the Hindu Marriage Act, 1955, for dissolving the marriage between the appellant and the respondent with a decree of divorce, on the ground of mental illness of the respondent-wife, has been dismissed by the learned Court below.

(3.) The case of the petitioner-appellant, in brief, is that the sole respondent is his legally married wife and the marriage between them was solemnized on 17.6.2005 at Hazaribag, according to Hindu rites and customs. After the marriage, both the appellant and the respondent were living together as husband and wife, but in the first night of the marriage itself, the petitioner found that she was suffering from throat problem and could not speak freely, as she used to stammer and he also found that she was mentally ill and suffering from mental retardation. The appellant made a complain to the brother of his wife, but he was threatened with dire consequences. It is also the case of the appellant that he also got his wife treated by a Doctor, who referred her for treatment to C.I.P., Kanke, Ranchi, and it was found that she was suffering from mental illness as she was mentally retarded and there was every chance of violent acts, which could be dangerous to the appellant. Thus on the grounds of mental illness of the respondent-wife, as also on the ground of fraud, at the time of contacting for the marriage, the petition for divorce under Sec. 13 of the Hindu Marriage Act, 1955, was filed in the Court below.