- (1.)HEARD.
(2.)ON 14-2-2008, Shri B. P. Gupta, learned counsel for the appellant placing reliance on Bani, W/o Parkash Singh v. Parkash Singh. AIR 1996 P and H 175 submitted that the order dated 21-7-2006 granting monthly maintenance and expenses of the appeal to the appellant was flouted by the respondent-Ramesh Prasad Pandey, and therefore, prayed that the defence of the respondent should be struck off and the appeal should be allowed while setting aside the impugned judgment and, decree for divorce dated 2-5-1989 passed by the District judge, Ambikapur.
(3.)BRIEF facts are that the respondent-Ramesh prasad Pandey instituted a Civil suit No. 12-A of 1984 under S. 13 (1) of the hindu Marriage Act, 1955 (hereinafter referred to as 'the Act') before the District judge, Ambikapur for a decree of divorce against the appellant-wife herein on the ground that the appellant herein was suffering continuously or intermittently from mental disorder of such a kind and to such extent that he could not reasonably be expected to live with her. The appellant-defendant resisted the suit denying the allegations in to. After recording evidence" of the parties, the District Judge vide judgment dated 2-5-1989 held that the respondentapplicant had by leading behavioral evidence proved beyond reasonable doubt that the appellant-non-applicant suffered from disease of incurable unsound mind and mental disorder of such a kind and to such an extent that the respondent-applicant could not reasonably be expected to live with the appellant-wife/ non-applicant.
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