Honble TATIA, J.–This appeal is by the appellant-defendant, wife of respondent-plaintiff, to challenge the divorce decree dated 21.1.2004 granted by the Trial Court against the appellant- defendant. The Trial Court granted the divorce decree under Section 13(1) (iii) of the Hindu Marriage Act, 1955.

(2). Brief facts of the case are that marriage of the plaintiff- respondent and the defendant-appellant was solemnized on 6.12.1994 at village Loonkaransar in accordance with the Hindu rites. The plaintiff alleged that even at the time of Saptpadi, the defendant-appellant had no control over her body and she was not in position to take Saptpadi. The defendants sister gave one tablet to the defendant and she told the plaintiff that the defendant is sick. Just after Saptpadi, when photos were taken, the defendants brother again gave one tablet to the defendant. The marriage was not consummated between the parties despite efforts of the plaintiff on the first night of the marriage or in four days after the marriage. After four days, on 11.12.1994, the appellants brother took the appellant-defendant to her parents house. During this short period of four days, whenever the plaintiff-respondent tried to talk with the defendant-appellant, she gave irrelevant answers. The plaintiff-respondent got an impression that the defendant-appellant is not mentally developed lady. From 11.12.1994, the defendant-appellant remained at her parents house and whenever the plaintiff tried to contract with his wife-appellant, her parents successfully avoided any talks between the appellant and the respondent by saying that she is suffering from some injury or she is sick. During this period of nine months, no efforts were made by the defendant-appellant to come to the plaintiff-respondents residence. According to the plaintiff, when the plaintiff brought the defendant-appellant at Jodhpur, she avoided to live with the plaintiff and she always insisted for going to her parents house and gave threat that in case she will not be sent back, she will burn herself and will commit suicide. During this short period also, the plaintiff found that she is talking absolutely irrelevant. The plaintiff shocked when he found that the defendant used to urinate and ease-out, out side the bathroom and latrine. In total three years period, the defendant lived with the plaintiff only 5 to 6 days but avoided consummation of the marriage. Ultimately, she again left for her parents.

(3). On 13.10.2000, the defendants brother Rajendra brought the defendant-appellant at plaintiffs village and at that time, the defendant started using abusive language in the presence of number of persons and people of entire village came to know that the defendant is suffering from some mental disorder. The plaintiffs grand-father and grand-mother strongly protested to the defendants brother Rajendra for their giving a mad girl to the plaintiff. The defendants brother Rajendra, on 14.10.2000, told the family members of the plaintiff that the defendant is suffering from mental disease and she was given treatment at Bikaner. He took the defendant with him and assured that after treatment, he will try to send the defendant to the plaintiff. By this way, the defendant-wife of the plaintiff-respondent remained with the plaintiff for 5 to 6 days only in six years, that too without consummation of the marriage.

(4). On these pleadings, the plaintiff-respondent sought decree for divorce under sub-clause (iii) of sub-section (1) of Section 13 of the Hindu Marriage Act.

(5). The defendant submitted written statement and denied all the allegations leveled by the plaintiff. In addition to denial of the allegations, the defendant submitted that the plaintiffs maternal aunt was residing at Bikaner and the plaintiff used to come to Bikaner to meet with his maternal aunt. It is also submitted that, at the time of marriage the plaintiff was not in employment and he was preparing for competitive test only therefore, plai

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