Girraj vs Smt. Meena Devi

This appeal has been filed against the judgment and decree dated 21/7/2010 passed by the learned Additional District Judge, Ambah, District Morena (M.P.) in Civil Suit No. 33-A/2010 [H]. The respondent-wife filed an application for divorce u/s 13 of the Hindu Marriage Act stating therein that the marriage between the appellant and the respondent was solemnized at Porsa, District Morena on 26.04.1998 according to the Hindu customs and rituals. After marriage, a son and a daughter were born out of this wedlock. After a period of 10 years, the defendant/appellant started beating the plaintiff/respondent and her family i.e. son and daughter and it was not possible for the respondent to live with the appellant looking to his behaviour. An application for compromise was filed and both the plaintiff and defendant agreed for grant of divorce.

The appellant/defendant in his statement deposed that the respondent had not been living with him and she had beaten him and he does not want to live with her and wants divorce by mutual consent.

On the basis of the aforesaid statement of the appellant, the Court granted divorce and fixed maintenance also for being given to the respondent-wife and children.

Learned counsel for the appellant has submitted that the appellant has mental problems and he is insane. It is further submitted that the appellant is taking treatment from doctors in regard to mental ailment. Hence, the learned court below has committed an error in granting maintenance.

In our opinion, no evidence was led by the appellant before the trial court that he is insane or he has not means of livelihood. The appellant levelled allegations against the respondent and submitted that she wants to live separately and there was no objection of granting divorce.

On these grounds, the learned court below has granted divorce on the basis of mutual consent. But there is no evidence led by the appellant in regard to insanity. In our opinion, in appeal, this Court cannot record a finding for which there is no evidence or there is no basis. We do not find any merit in this appeal. It is hereby dismissed.