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1995 Supreme(P&H) 59

SAROJNEI SAKSENA
Uma Wanti – Appellant
Versus
Arjan Dev – Respondent


Judgment

1. Appellant-wife had assailed the Judgment and decree of the trial Court passed in HMA petition No. 30 of 2-6-1987 decided on 28-10-1987.

2. Uncontroverted facts are that the appellant was married with the respondent Arjan Dev on 12-10-1983 at Bhim Nagar, Gurgaon, in accordance with Hindu rites and rituals. The marriage was consummated and appellant gave birth to a female child on 26-12-1984. The child expired after about 1 1/2 months.

3. The respondent filed a petition for divorce under Sec. 13(i) (i-a) (i-b) (iii) of the Hindu Marriage Act, 1955 (hereinafter referred to as the Act) seeking for dissolution of marriage on the ground of unsoundness of mind, cruelty and desertion. Respondent averred that before marriage, it was not disclosed to him that appellant is of unsound mind. Only after marriage, he came to know of her mental disorder which is incurable. From the very first day of matrimonial life, the appellant behaved in a peculiar way, she was not obedient and declined to cohabit. She does not understand the responsibilities of a house wife. She has no sense of living like a wife in a matrimonial home. She does not wash her hands after answering the call of nature.






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