MEENU DEVI Vs. AMIT KUMAR

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) The marriage between the parties stands dissolved by the impugned judgment dated 6th October, 2016 passed in Matrimonial (Divorce) Case no. 09 of 2011 by learned Principal Judge, Family Court, Godda at the instant of the plaintiff-husband. The aggrieved defendantwife is in appeal.

(3.) As per the case of the plaintiff, marriage took place in 2004 as per Hindu Rites and Custom. After ceremony of Gauna (second marriage), they led a normal conjugal life and twin baby was born. The husband soon realized her ill-tempered behaviour. She was not accustomed to the village life. Therefore, the plaintiff expressed his inability to adjust due to financial condition as he was unemployed. She along with her relatives made threat to the plaintiff, for which a Sanha was filed before Sub Divisional Officer, Godda. She got further emboldened and started assaulting the plaintiff-husband. In 2007, she gave birth to twin baby, but one could not be saved. Allegations were made by her relatives against the plaintiff-husband. She indulged in abusing and threat to the plaintiff-husband. She is alleged to have deserted him for more than two years and did not have any cohabitation with the plaintiff-husband. She did not have any intention to resume her conjugal right. Plaintiffhusband complained of unsound mind of the defendant wife as she was suffering from schizophrenia. The suit was instituted when she refused to resume cohabitation giving rise to cause of action in January, 2009. Plaintiff-husband prayed for dissolution of marriage on the ground of desertion, mental disorder, no resumption of cohabitation for more than 2 years and also complained that the marriage is practically and emotionally dead in view of perpetual source of tension, mental agony and cruelty inflicted by the defendant-wife. He sought dissolution of marriage and custody of a child.