Adarsh Kumar Goel, J. - (1.) THIS appeal has been preferred by the Appellant -husband against the judgment and decree dated 13.10.1992 whereby his petition under Section 13 of the Hindu Marriage Act (for short the Act) for divorce was dismissed.
(2.) MARRIAGE between the parties took place on 15.6.1984. No child was born out of the wedlock. Petition giving rise to this appeal was filed on 10.11.1990, inter alia, alleging that after the Muklawa ceremony in the year 1985, the Appellant came to know that the Respondent was a patient of schizophrenia and that a fraud was played upon him. The Appellant was shown Respondent's sister as the prospective wife, but instead of her, the Respondent was married to him. The Appellant came to know that the Respondent was of unsound mind, after the marriage. The Respondent obtained a decree dated 17.10.1989 for restitution of conjugal rights under Section 9 of the Act, but there was no cohabitation between the parties for a period of more than one year. The Respondent -wife contested the petition and denied that she was a patient of schizophrenia or that any fraud was played on the Appellant as alleged by him. After considering the evidence, the trial court dismissed the petition holding that the Appellant had failed to prove that the Respondent was suffering from schizophrenia. As regards the decree under Section 9 of the Act granted in favour of the Respondent -wife, the Appellant was debarred from seeking divorce in view of the bar contained in Section 23(1)(a) of the Act. which provided that no person could take advantage of his own wrong. Aggrieved by the said judgment and decree of the trial court, this appeal has been preferred.
(3.) THE matter was referred to the Lok Adalat under Section 20 of the Legal Services Authorities Act, 1987. The Lok Adalat observed, "it is clear that the parties are not interested in compromise." The matter was, therefore, sent back to this Court for decision on merits.;