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P. B. BAJANTHRI, ALOK KUMAR PANDEY
Nand Kishore Nandan @ Nand Kishore Rai @ Pappu – Appellant
Versus
Rita Devi – Respondent
Alok Kumar Pandey, J.—The present appeal is directed against the judgment dated 23.09.2017 and decree dated 07.10.2017 passed by learned Principal Judge, Family Court, Vaishali at Hajipur in Divorce Case No. 39 of 2011, whereby and whereunder the application filed by the appellant-husband under Section 13 of the Hindu Marriage Act, 1955 has been dismissed.
2. Briefly stated facts of the present case is that appellant/petitioner married with opposite party/ respondent on 20.04.2007 at the paternal house of the respondent. It is stated in the petition that respondent was feeble minded since childhood and her behaviour was not normal as she used to attack someone and the said unusual conduct made by the respondent was not intimated to the father of the appellant and marriage of respondent was solemnized with appellant by concealing the aforesaid fact. After marriage, the respondent/wife (Rita Devi) came to the house of the appellant and her behaviour was witnessed by appellant's side which was not normal. She started behaving in a strange way. Her behaviour was so unusual that she was presumed to be in intoxicated condition. Her strange behaviour was intimated to the father of the resp
Mental cruelty can constitute valid grounds for divorce where one spouse exhibits severe, uncontrollable behavior affecting the other’s peace of mind.
The central legal point established in the judgment is that the evidence did not support the claim that the respondent's mental illness made it impossible for the petitioner to lead a normal conjugal....
The court ruled that allegations of mental unsoundness and cruelty were unsubstantiated, affirming the lower court's decision to dismiss the dissolution of marriage suit.
Insufficient evidence of mental disorder or cruelty fails to establish grounds for divorce under the Hindu Marriage Act.
The Court held that mere existence of mental disorder is insufficient for a divorce decree; sufficient evidence proving the severity affecting marital life is necessary.
The court established that mere mental disorder is insufficient for divorce; the severity must be proven, and prolonged separation can indicate desertion.
The judgment emphasized the requirement for grave and weighty conduct to constitute cruelty under the Hindu Marriage Act, and highlighted the impact of mental illness on the capability of having a he....
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