JUDGMENT : (Per : Sandipkumar C. More, J.)

1. Being aggrieved and dissatisfied with the judgment and order

dated 17/08/2023 passed by the learned family court Judge, Aurangabad in Petition No. A-528 of 2018, the appellant – husband

i.e. original petitioner, has filed this appeal. The learned family

court judge, Aurangabad under the impugned judgment, has

dismissed the aforesaid petition of the appellant – husband, which

was filed by him for getting decree of divorce under Section 13(1)(i

a) and (iii) of the Hindu Marriage Act.

2. Background facts leading to this appeal are as under :

The marriage of the appellant – husband and respondent-wife

was solemnized on 28/04/2018 at Chalisgaon, District Jalgaon.

When the respondent – wife started cohabiting with the appellant –

husband, he realized that respondent – wife was having some

health issues. He observed that respondent – wife used to sleep for

longer period. She was also found urinating in bed and frequently

falling unconscious. She was not completing work given to her and

found unresponsive to the talks of the appellant – husband. The

appellant – husband when tried to ask her father about such

abnormal behaviour, he received unsatisfactory answers.

Thereafter, the appellant – husband with consent of father of

the respondent – wife, got her examined through one doctor at

Jalgaon and then came to know that respondent wife is suffering

from disease known as cerebral-palsy. Even the said doctor had suggested that it was not proper on the part of father of respondent

– wife to perform her marriage since her brain was not properly

developed. The doctor also told the appellant – husband that the

disease of respondent – wife is incurable. The appellant – husband

also sought second opinion from another doctor at Aurangabad in

respect of disease of the respondent – wife, but the doctor at

Aurangabad also found the same and even advised that it was

dangerous for the appellant – husband and his family members to

stay with the respondent – wife. Thus, the appellant – husband felt

cheated as the family members of respondent-wife did not disclose

him before the marriage that the respondent-wife suffers from such

mental disorder. According to the appellant-husband the

respondent-wife is also unable to perform marital obligations

because of her disease. The respondent-wife has left house of the

appellant-husband on her own and started residing in the house of

her parents in the year 2018 itself. The appellant-husband was

constrained to send her a legal notice on 20/10/2018 for seeking

divorce by mutual consent. However, the respondent-wife replied

the said notice on 27/10/2018. Being dissatisfied with the reply,

the appellant–husband filed the aforesaid divorce petition, stating

that he was deceived due to the non-disclosure of the respondent–

wife's mental illness by her family members prior to the marriage.

3. On the contrary, the respondent–wife, through her written

statement Exhibit-15, contested the divorce petition and denied the

adverse allegations made against her. According to the respondent–

wife, one of her hands is weak by birth, but she does not suffer

from any mental illness. She asserted that she received her

education in regular schools and college and that her medical

records does not indicate any mental illness. She further claimed

that the appellant–husband is, in fact, a distant relative, and it was

his mother who brought the marriage proposal despite knowing the

fact of weakness of her one hand. She further claimed that their

marriage was solemnized after prior meetings of both sides and in

the presence of 1500 people at Chalisgaon. According to her, she is

mentally fit for marriage and also performs marital obligations.

She contended that since the appellant – husband does not like

her, he is making false allegations. Thus, she prayed for dismissal

of the petition. The learned family court judge by conducting the

trial, dismissed the petition of the appellant-husband and hence

this appeal.

Learned counsel for the appellant-hu