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1988 Supreme(SC) 574

A.P.SEN, M.N.VENKATACHALIAH
Ram Narain Gupta – Appellant
Versus
Rameshwari Gupta – Respondent


Advocates:
J.P.GOYAL, Rajesh Agarwal, RANI CHHABRA, V.K.VARMA

Judgment

VENKATACHALIAH, J. :- This appeal, in a matrimonial cause, is by the husband, and is directed against the judgment and decree, dated 29-10-1986, of High Court of Allahabad in First Appeal No. 493 of 1984 : (reported in 1987 All LJ 483), allowing the respondent-wifes appeal and reversing the decree of dissolution of marriage dated 31-7-1984 granted by the Second Additional District Judge, Jhansi, in Original Suit No. 34 of 1983 on his file.

Appellants suit for a decree of dissolution of his marriage with the respondent on the ground envisaged in S. 13(1)(iii) of the Hindu Marriage Act, 1955 (Act), that respondent suffered from a mental-disorder of such a kind that rendered respondent unfit for married-life and that petitioner could not reasonably be expected to live with her, had been decreed by the Court of first instance but dismissed by the High Court in appeal. Appellant-husband has come-up by Special Leave.

2. The marriage between appellant, Ram Narain Gupta, and respondent, Rameshwari Gupta, was solemnised on 17-6-1979 at Jhansi, The suit for the dissolution of the marriage was filed on 14-7-1983 on the allegation that the wife was a schizophrenic. The High Court, while










































































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