RANCHI, India, Jan. 3 -- Jharkhand High Court issued the following order on Dec. 2:

1. The instant appeal has been filed challenging the legality and propriety of impugned judgment passed on 28.01.2023 and decree signed on 10.02.2023 by learned Principal Judge, Family Court, Deoghar whereby and whereunder the Original Suit No.389 of 2019 filed by the appellant-husband under Section 13(1)(i-a) (i-b) of the Hindu Marriage Act, 1955 for a decree of divorce has been dismissed.

Factual Matrix

2. The brief facts of the case of the appellant-husband as narrated in the plaint, is that the marriage of appellant was solemnized with the respondent on 30.04.2017 as per Hindu Rituals and Rites. But the said marriage was solemnized by the parents of respondent by concealing the material facts of about the behavior and ailment of respondent/wife. After Gauna, the respondent came to her sasural and remained in her matrimonial home with her husband for about three months only whereupon the behavior and ailment of respondent could be known.

3. The respondent used to quarrel with her husband and in-laws frequently and go out of the house without telling about it to her husband. Whenever, the appellant tried to stop the respondent, she used to be aggressive.

4. In course of time, the appellant learnt that the respondent is suffering from mental illness due to which her parents were frequently coming to his house and providing medicine to the respondent in her matrimonial home. The mental condition of respondent was further deteriorated whereupon her parents came to her matrimonial home and took her back with them on 28.02.2018

5. Subsequently, after 2-3 months petitioner went Orissa for earning his livelihood and the respondent was brought back to her matrimonial home on 29.07.2018. But just on the next date of her arrival in her matrimonial home, her mental sickness was again aggravated and she went to her home on 02.08.2018.

6. Further, it has been stated that during her entire period of stay in her matrimonial home, the respondent/O.P used to abuse the appellant and his family members and subjecting them with cruelty and threatening them to commit suicide.

7. Sometimes she used to dash her in-laws also. The mental condition of respondent was not good in her matrimonial home and she regularly threatening to commit suicide due to which the parents of appellant were living in fear.

8. The respondent used to write suicidal note and she was frequently threatening to jump from roof and thereby commit suicide and implicate the appellant and his family members in false case.

9. The appellant's parents were always trying to keep the respondent/O.P with love and affection and they persuaded her too much but they did not pay any heed to anyone. The parents of respondent/O.P were well aware about her mental sickness and they were getting her treatment also but they knowingly concealed about the mental condition of respondent and its treatment.

*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=tuqye3PhFs%2BBDn75ghiOpFa%2B9V%2BNwA%2Bwk%2F7%2B0DPHCLzP1begq17pUjZgr8nf0SUB&caseno=FA/40/2023&cCode=1&cino=JHHC010082652023&state_code=7&appFlag=)

Disclaimer: Curated by HT Syndication.