RANCHI, India, Sept. 8 -- Jharkhand High Court issued the following order on Aug. 8:

The instant appeal under section 19(1) of the Family Courts Act, 1984 is directed against the judgment dated 23.05.2023 and the decree dated 01.06.2023 passed in Original Suit No.141 of 2022 by the learned Principal Judge, Family Court, Bokaro (in short, Family Judge) whereby and whereunder the petition filed under section 13(1) (i-a)

(iii) of the Hindu Marriage Act, 1955 by the appellant-husband against the respondent-wife has been dismissed.

2. The brief facts of the case as pleaded in the plaint having been recorded by the learned Family Judge, needs to be referred herein as:

(i) The marriage between the parties was solemnized on 17.06.2017 according to Hindu Rites and Custom. After the marriage both the parties lived together as husband and wife and out of their wedlock two children were born who are aged about 3 years and 1 year respectively at the time of filing of the petition. (i) It is alleged that the parents of respondent knew about mental disorder of the respondent but they did not say anything to petitioner at the time of marriage and, thus, the parents of respondent have cheated the petitioner and gave false information about their daughter at the time of marriage.

(ii) It is alleged that the petitioner tried to get treated the respondent by several doctors but there was no improvement in her mental soundness.

(iii) It is further alleged that one of the doctors of Sadar Hospital, Bokaro namely, Dr. P.K. Mishra has advised not to leave the respondent alone and give the medicine under supervision as she could harm herself due to her mental disorder.

(iv) It is alleged that the illness of unsound mind of the respondent is genetical and, as such, their conjugal life cannot be spent.

(v) It is alleged that the respondent's aunt was also suffering of such kind of mental disorder.

3. On the aforesaid ground of cruelty and mental disorder, the appellant-husband has prayed for a decree of dissolution of the marriage between him and the respondent-wife.

4. It needs to mention herein that in Original Suit No.141 of 2022, upon issuance of the notices, the respondent-wife has not appeared in the proceeding and, as such, vide order dated 13/14.11.2022 the case was fixed for ex-parte hearing.

5. Learned Family Judge, after institution of the said case, taking into consideration of the pleadings of the petitioner-husband has formulated the issues and has decided the lis by refusing to grant divorce to the petitioner/appellant.

6. The aforesaid judgment by which divorce has not been granted is under challenge by filing the instant appeal.

*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=tuqye3PhFs%2BBDn75ghiOpJGTDOBrOsqel%2FfyAqnKqhJixxzRc4twXywWNDd1VFr0&caseno=FA/127/2023&cCode=1&cino=JHHC010208732023&state_code=7&appFlag=)

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