Aparesh Kumar Singh, J. - (1.) Heard learned counsel for the parties.
(2.) Appellant husband instituted a suit for divorce on grounds of cruelty and desertion in terms of Section 13(1)(i-a) and 13(1)(i-b) of the Hindu Marriage Act against the Respondent wife. Learned Principal Judge, Family Court, East Singhbhum, Jamshedpur on the basis of rival pleadings of the parties framed additional issue i.e., "Whether the respondent has been incurably of unsound mind or has been suffering continuously or intermittently from mental disorder of such a kind and to such an extent that, the petitioner cannot reasonably be expected to live with her?" Other 5 issues framed for adjudication inter alia were as under:- 1. Whether the suit, as framed and filed, is maintainable in its present form or not? 2. Whether the applicant has valid cause of action for filing the suit? 3. Whether the respondent treated the petitioner with cruelty after solemnization of the marriage/ 4. Whether the respondent deserted the petitioner for a continuous period of not less than two years immediately preceding the presentation of the suit or not? 5. Whether the applicant is entitled to get a decree of divorce against the respondent or not?
(3.) Parties consented to addition of the additional issue and did not express desire to adduce any additional evidence in that regard as they had led evidence on that issue during the course of trial. Learned Family Court decided all the important issues of cruelty, desertion and the additional issue no.6 against the petitioner husband/appellant herein in favour of the Respondent wife by the impugned judgment dated 31.05.2017, decree dated 15.06.2017 in Matrimonial Suit No. 09 of 2012 with which the appellant is aggrieved.;