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APPEAL No.-____/2014
UNDER ARTICLE 227(1) OF THE CONSTITUTION OF INDIA, 1950
Versus
TABLE OF CONTENTS
[2] That, the Trial Court proved the veracity of the charges of mental
illness of the appellant by carefully examining pertinent medical
documents and witnesses, so the presence of mental sickness
cannot be challenged and it’s on record that the appellant did not
bring the doctors who were treating her to refute the charges and
also did not appear herself to give testimony.
[3] That , the question of filing petition after inordinate delay has no
rationality as far as this case is concerned, where the appellant
hardly stayed for four to six days with the respondent, giving him
no opportunity to start doubting. Hence, this allegation should be
certified baseless.
PRAYER ......................................................................................................................... 13
List of Abbreviations
2. Art. - Article
5. Hon’ble - Honorable
6. Ors. - Others
7. Mad. - Madras
9. Raj - Rajasthan
12. V - Versus
A) Act/Rules/Statutes Referred
B) Books Referred
C) Cases Referred
PAGE
S.NO. CASE LIST
NO.
STATEMENT OF JURISDICTION
The respondent most humbly and respectfully submits to the jurisdiction of the
Honorable High Court of Rajasthan. .
STATEMENT OF FACTS
Factual Background:
2. It was alleged that even during the marriage the appellant had no control
over her body and was not in a position to perform saptpadi. She was given
few tablets during the time when the rites were being carried out.
3. Thereafter, the marriage was not being consummated as she hardly stayed
with the respondent for four days. Even during that brief period her behavior
and conduct was very abnormal and talks were irrelevant.
4. After about six years, the appellant was brought to her in-law’s village,
where she allegedly used derogatory words towards her husband in
presence of many people and this incident was known to the whole village,
which, in totality, led to a conclusion that she was suffering from mental
disorder. It was also admitted by the brother that she was suffering from
mental sickness and that she was undergoing some treatment for the said
reason.
5. Thereafter the husband filed a divorce petition which was resisted by the
appellant at that time, citing some reason alluding to the wrong on the part
of the defendant that he didn’t try for taking his spouse from her parental
home as he was preparing for some competitive examinations.
6. It was also alleged that after the marriage, the respondent was
unemployed for six years and was preparing for competitive test and only
after clearing the Rajasthan Administrative Services Examination, he started
disliking her and tried to marry a more attractive girl, apart from allegedly
passing satirical remarks to the appellant for not bringing enough dowries to
the husband’s house.
8. Then, however, the Trial court advanced with the divorce petition, and as
the trial continued the wife was found to be suffering from mental disorder
and schizophrenia, as opined by the medical board. Thereafter, considering
facts and evidences, the court granted the decree of divorce.
ISSUES RAISED
SUMMARY OF ARGUMENTS
[6] That, the Trial Court proved the veracity of the charges of mental
illness of the appellant by carefully examining pertinent medical
documents and witnesses, so the presence of mental sickness
cannot be challenged and it’s on record that the appellant did not
bring the doctors who were treating her to refute the charges and
also did not appear herself to give testimony.
[7] That , the question of filing petition after inordinate delay has no
rationality as far as this case is concerned, where the appellant
hardly stayed for four to six days with the respondent, giving him
no opportunity to start doubting. Hence, this allegation should be
certified baseless.
ARGUMENTS ADVANCED
ISSUE I
1. The rationale behind having section 13(1) (iii) in the statute book of
Hindu Marriage Act is to give relief to the plaintiff if the other party is of
unsound mind. In a case where the disease of schizophrenia had been
deliberately concealed from the husband at the time of marriage, the
husband was within his legal right under section- 13(1) (iii) to move the
court for a decree of dissolution of marriage, if not for annulment of the
said marriage.1
4. Now, this Honorable court would be fully justified to draw any adverse
inference against the defendant because of her non- appearance in
the witness box. Moreover, no satisfactory explanation has been
forwarded for her absence; hence, the court cannot prove the extent
and degree of her mental disorder.
ISSUE II
2. Though cruelty was not meted out to the respondent as such, the
very ground that she was not living with the her husband and after
six years insulted him in his village for whatsoever reason, even if not
knowingly, amounts to unkindness and mental suffering on part of
the husband, who may get relief by obtaining a decree of divorce 5.
appellant, would be far from truth as the respondent was not given
any chance to raise doubt or check the medical condition himself
to establish the facts. The paternal family’s stand on this question
should raise many eyebrows as their stand hasn’t been consistent;
at one time they accepted the mental disorder but were making a
volte-face in the court putting objection to the expert medical
opinion.
PRAYER
1. Kindly dismiss the appeal by the defendant who wants to rescind the
divorce decree given by the Trial Court under Hindu Marriage Act.
And, pass any other order that it deems fit in the interest of justice, equity
and good conscience. All of which is respectfully submitted.
5
Pankaj Mahajan vs Dimple @ Kajal, 2011 (2) O.J.R. 715 (S.C.)
6
Ram Narain Gupta v. Rameshwari Gupta, AIR 1988 SC 2260
Debashish Dash