MUKESH KUMAR SAIN Vs. SMT. SANJU SAIN

JUDGEMENT

(1.) Appellant has filed the appeal challenging the judgment and decree dated 25.05.2018 passed by the Family Court No. 1, Jaipur (hereinafter referred to as 'the Family Court'), whereby, divorce petition filed by the appellant was dismissed.

(2.) Case of the appellant, in brief, was that he had got married to the respondent on 20.01.2003 as per Hindu rites. The parties were blessed with two children out of the wedlock and the said children were residing with the appellant. Conduct of the respondent from the first day of marriage was weird. Respondent started dancing by opening her hair and strongly stamped her feet and started singing songs in a low voice and would become unconscious etc. Appellant got scared from the said actions of the respondent and narrated the same to his parents. In October,2003, respondent went to her parental home with her brother and appellant came to know that the respondent was pregnant. Respondent stayed in her parental house after the birth of the child and when appellant went to bring the respondent from her parental house in the year 2006, he was taunted by the family members of the respondent and he returned home. Thereafter, respondent returned to the matrimonial home and stayed with the appellant for about 7-8 months. In the year 2007, appellant became sick and respondent started breaking articles lying in the house. Then, father of the respondent took the respondent to her parental home and she stayed there for about eight months. Appellant brought the respondent to his house and started residing separately from his parents on account of the weird actions of the respondent. However, behaviour of the respondent remained cruel. Respondent was shown to the doctor and it was found that she was suffering from schizophrenia. Respondent has deserted the appellant since 19.07.2009.

(3.) The respondent, in her reply to the divorce petition, admitted the factum of marriage with the appellant and the birth of the children, but denied other allegations levelled in the divorce petition. It was averred by the respondent that she had been thrown out of the matrimonial home in February, 2012.