PRADEEP NANDRAJOG CJ,J. - (1.) The respondent instituted a petition on 05.11.2014 invoking Section 13(ia) and (ib) of the Hindu Marriage Act, 1955. He was aged 45 years when the petition was filed. The appellant was aged 52 years when the petition was filed.
(2.) Case pleaded by the respondent was that the maternal uncle of the appellant Shri R.S. Choradia was instrumental in the matchmaking and had assured that the appellant was an educated girl and came from a very good family background. The family of the respondent told him that they were interested in a good bride and desired no dowry. Talks fructified. On 17.06.1998 the marriage was solemnised.
(3.) That after the marriage the couple set up the matrimonial house in the house belonging to the respondent's father. But the attitude of the appellant baffled him because she never showed any inclination to have sex. Whenever the respondent initiated a discussion with the appellant regarding her behaviour she gave evasive answers. After 15 days of the marriage she informed the respondent that she was not interested in the marriage. At the asking of her maternal aunt, by way of an experiment, she had got married on the assurance by her maternal aunt that whenever she would desire a divorce could be obtained. The respondent further pleaded that for 2 to 3 months he kept quiet and did not share this with anybody. He took courage to inform the maternal uncle of the appellant who was instrumental in the match-making. As per the respondent probable reason for appellant's behaviour was that she was residing alone at Jaipur before marriage and was in service and thus she had got used to a life where she could not adjust with others. This belief was founded on the fact that the respondent saw during the marriage ceremonies that appellant's parents and brother were remaining in the background. That so aloof was the attitude of the appellant that not only she would not have sex with him but she would not even mingle with his parents or relatives whenever the relatives visited the house. She started misbehaving with his parents. She would never accompany him outside. She would tell him that she had no concern with anybody in the house. It hardly mattered to her whether anybody was indifferent towards her. She stated that she had no desire to take help from anyone. That one day, by way of initiating a dialogue, when he asked the appellant would she accompany him to his village if his grandfather died, she replied that under no circumstances would she accompany him to the village.;