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2022 Supreme(P&H) 182

RITU BAHRI, ASHOK KUMAR VERMA
Som Dutt – Appellant
Versus
Babita Rani – Respondent


Advocates Appeared:
Mr. Tajender Joshi, Advocate, ; for the Appellant-Husband.; Mr. J.P. Sharma, Advocate, ; for the Respondent-Wife.

JUDGMENT

Ashok Kumar Verma, J. - Appellant-husband has come up in appeal against the judgment and decree dated 07.04.2004 of the Additional District Judge, Faridkot, whereby petition filed by him under Section 13 of the Hindu Marriage Act (for short 'the HMA') for dissolution of marriage has been dismissed.

2. The marriage between the parties was solemnised on 23.11.1990 at Narnaul, Tehsil and District Mohindergarh (Haryana) according to Hindu rites. Two sons, namely, Rahul and Rohit were born out of the said wedlock. As per appellant-husband, respondent-wife is suffering from incurable mental illness and becomes violent and beats the children mercilessly and even goes to the extent of attacking the appellant. The best efforts made by the appellant to get the respondent treated medically did not bear fruits. Respondent even refuses to cook meals for theappellant, therefore, he had to go to sleep without food. Respondent deserted the appellant without any reason more than 3/4 years ago immediately preceding the petition. The efforts made by the appellant to rehabilitate the respondent in matrimonial home also failed leading him to file the petition for dissolution of marriage.

3. On no

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