ARIJIT PASAYAT
Smt. Pravati Mishra – Appellant
Versus
Jagadananda Mishra – Respondent
A. Pasayat, J.
1. Judgment passed by learned Subordinate Judge, Puri in O.S. No. 39/83 of 1986/82 is the subject matter of challenge in both the appeals though on different grounds. The suit was filed by Jagadananda Mishra, appellant in F.A. No. 70 of 1993 purportedly under Sections 13 and 14 of Hindu Marriage Act, 1955 (in short, the 'Act'), praying for dissolution of his marriage with Pravati, appellant. In F.A. No. 245 of 1991, by passing a decree of divorce, on the ground that Pravati was of subnormal state of mind which was incurable in nature. His case synoptically is as follows :
He married Pravati on 4-2-1982, according to Hindu customary rites. After marriage he discovered that Pravati was suffering continuously from mental disorder of such a kind and to such an extent that it would not be reasonably expected to live as husband and wife with her. She has incomplete development of mind and was suffering from psychopathic disorder of, mind, and, was possessed intelligence of a three year old child. This mental condition of Pravati was deliberately suppressed by Kamalakanta Mishra, her father who was other opposite party in the application filed by him. After marriage w
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