NAVITA SINGH, J. - (1.) THE appellant has come up in appeal against the judgment and decree dated 06.12.2000 passed by the Additional District Judge, Patiala, whereby the petition filed by the respondent -husband was accepted and the marriage between the parties was dissolved by a decree of divorce.
(2.) THE respondent -husband had filed the petition under Section 13 of the Hindu Marriage Act, 1955 (Act - for short) stating that the marriage between the parties took place on 01.02.1998 at Gurgaon and, thereafter, they esided together as husband and wife at Patiala. No child was born out of the wedlock. It was not disclosed to him that the appellant was suffering from mental disorder and he came to know of the same after marriage. She needed constant medical care and the respondent took her to different doctors who confirmed that she had somepsychiatric problem. Later on, she refused to accompany him to any psychiatrist. Her behaviour was abnormal, aggressive and irresponsible. She would pick up quarrel over trivial matters and misbehaved with the respondent and his family members and also at times with guests. Sometimes she would resort to violence and throw about household articles. She could not perform the normal household chores. She being of incurable unsound mind, it could not be reasonably expected for the respondent to live with her as he was subjected to mental cruelty. The respondent tried to discuss the matter with the family of the appellant and on 08.03.1998 a meeting was held at Jalandhar in the house of cousin sister of the appellant where her family admitted her ailment. Another meeting was held in New Delhi on 09.08.1998 and the respondent told the family of the appellant that since the latter was not showing any signs of improvement, it was not possible for him to continue living with her. Her family sought time to get the appellant checked up in All India Institute of Medical Sciences, New Delhi, but to no avail. Rather the appellant instituted a case under Sections 406, 498 -A of the Indian Penal Code against the respondent and also filed a suit under Hindu Adoption and Maintenance Act.
(3.) THE appellant controverted the allegations of the respondent stating that her husband was a greedy person and he was earlier also married, but that marriage had broken down due to demands of dowry by the respondent. It was pleaded that the appellant was compelled to leave the matrimonial home as she could not fulfill the unreasonable demands of her husband regarding more dowry by way of cash. She was mentally and physically tortured by him and his family pressurizing her to bring an amount of Rs.50,000/ -. On 06.03.1998, she was left by the respondent at Gurgaon and he wrote a letter dated 05.08.1998 levelling wild allegations against her. It was stated that the petition was a counter -blast to the criminal case lodged by her.;