- (1.) The instant appeal has been preferred against the judgment dated 09.08.2005 passed by Principal Judge, Family Court, Dumka in Matrimonial(Divorce) Suit no.12 of 2001/ 146 of 2003 whereby the learned Principal Judge dismissed the petition filed by the appellant under Section 13 of the Hindu Marriage Act, 1955 for dissolution of the marriage and decree of divorce to the petitioner-appellant.
(2.) The case of the petitioner- appellant's is that the marriage was solemnised with the O.P.-respondent, Anjali Devi on 04.12.1997. After the marriage the appellant-husband and the respondent-wife used to reside at Deoghar where the appellant found his wife dull, depressed and abnormal. The appellant asked the respondent to go to for honeymoon to Bangalore upon which she expressed her unwillingness but on his persuasion she accompanied him to Bangalore. At Bangalore he found that the respondent was behaving in abnormal manner and on query she told him that she was suffering from mental abnormality and was under treatment of Dr.B.K.Singh, Patna since 1989 whereafter the appellant took her to National Institute of Mental Health and Neuro Science(NIMHANS) where the doctor opined that she was suffering from chronic mental abnormality. It is alleged that when the appellant demanded the past medical reports regarding her treatment, the respondent stated that it was lying with her father. The doctor at Bangalore prescribed some medicines and asked the appellant to take her back and get her treatment done by the doctor under whom she was treating. The appellant complained to his father-in-law about the suppression of the mental abnormality and showed him the prescription of NIMHANS. On repeated request for furnishing the medical papers relating to the treatment of the respondent the same was not furnished to him. Despite this, the appellant took the respondent to Durgapur where he was posted as Sub- Inspector , Railway Protection Force, but the respondent's abnormal behaviour persisted and she insisted that she be taken to Dumka. That she used to create ugly scenes in presence of the staff and officers and also on several occasions she made mad attack on the appellant. That the respondent used to run away from the matrimonial house and the appellant with great difficulty used to bring her and she used to threaten to commit suicide. Considering her unbearable abnormal conduct and behaviour and the appellant brought her to her parental house at Dumka. It is averred that the respondents and her family have treated the appellant with cruelty and where threatening to implicate him and his family members in a false case. On the said facts the suit was filed to declare the marriage as nullity as there was suppression of material facts regarding the mental abnormality of the respondent. The suit was contested by the respondent-wife who denied the allegation and stated that the appellant-husband wanted her to allow him to marry another woman, with whom he was having an affair, to which she was not agreeable. Thus being aggrieved the appellant had brought and left her at her parental house since 1999 though she was willing to lead a happy married life with the appellant.
(3.) On considering the evidence the suit was dismissed by the impugned judgment. Being aggrieved by the dismissals of his Matrimonial(Divorce) Suit the appellant/husband has preferred this appeal.;