Parmeshwar Alias Premsukh Vs. Smt. Vimla W/O Parmeshwar Soni

Parmeshwar Alias Premsukh vs Smt. Vimla W/O Parmeshwar Soni

Disposition Appeal dismissed Court Rajasthan Decided Feb 06, 1987

~2 min read

https://sooperkanoon.com/case/765328

For advocates & juniors · 7-day free trial

Brief this judgment before chambers

Stop skimming 50 pages - get an 18-section AI Brief on this case, ask scoped follow-ups, and find related precedents with Semantic Search. Full trial, no card required.

18-section brief - facts, issues, ratio, relief
Ask this case - answers cite the judgment
Semantic search - find precedents by meaning
Research drawer - sections, cites, related cases

Citation: sooperkanoon.com/765328
Court: Rajasthan High Court
Judge: Navin Chandra Sharma, J.
Decided On: Feb 06, 1987
Case Number: S.B. Civil Misc. Appeal No. 194 of 1986
Subject: Family
Disposition: Appeal dismissed

Case Summary

AI-generated summary - not the official court judgment text.

Hindu Marriage Act, 1955 - Divorce--Insanity of wife--Proof of--Properly dressed and not bare-footed--Not suffering from mental disorder--Held, husband wants to remarry and to get rid of her he has branded her as insane.;Appeal Dismissed - - 2. So far as the first name of the appellant as Parmeshwar in concerned, ...

Key legal issue: Family
Outcome / disposition: Appeal dismissed

Parties & Advocates

Appellant / Petitioner

Parmeshwar Alias Premsukh

Advocate Mr. P.C. Mathur

Respondent

Smt. Vimla W/O Parmeshwar Soni

Legal References

Reported In: 1987(1)WLN224

Excerpt

hindu marriage act, 1955 - divorce--insanity of wife--proof of--properly dressed and not bare-footed--not suffering from mental disorder--held, husband wants to remarry and to get rid of her he has branded her as insane.;appeal dismissed - - 2. so far as the first name of the appellant as parmeshwar in concerned, it can very well suit a hindu lady who treats her husband not less that, but his second name prem sukh is deceptive. as a matter of fact, neither the appellant had godly qualities nor he can impart happiness by love and affection towards his wife smt.navin chandra sharma, j.1. i have heard mr. p.c. mathur learned counsel for the appellant in this appeal.2. so far as the first name of the appellant as parmeshwar in concerned, it can very well suit a hindu lady who treats her husband not less that, but his second name prem sukh is deceptive. as a matter of fact, neither the appellant had godly qualities nor he can impart happiness by love and affection towards his wife smt. vimla. he contends his wife as suffering from mental disorder and insanity despite the fact that smt. vimla appeared in court on various dates to oppose such a cruel husband. it could not be denied by pw 2 murli manohar, pw 3 manmohan, pw 4 parasaram, pw 5 dualal katta pw 6 smt. santosh and pw 7 rameshwar that they were not witnesses any sign of insanity of mental disorder in smt. vimla. she had on her forehead the red round symbol of being solemnly married wife. she was dressed properly and was not bare footed. she did not appear either to the witnesses or to the court as suffering from any mental disorder. here is a husband who never cared to supply or apply medical care to smt. vimla when she suffered from jaundice while the was pregnant from her second child to be born. at the time of distress in 1980, she had to go to her parent's house who had given her berth for her treatment from jaundice. here is a husband who separated the child of smt. vimla from her while the child was only one year old.3. i am of the considered view that smt. vimla was rightly believed by the district judge, jodhpur and that the real intention of parmeshwar alias premsukh was to get rid of smt. vimla some how or other with intend to remarry by branding her to be mentally unsound. premsukh cannot be permitted to terminate to marital ties by a decree of divorce.4. this appeal has no merit in it and it is hereby dismissed.

Full Judgment

Navin Chandra Sharma, J.

1. I have heard Mr. P.C. Mathur learned Counsel for the appellant in this appeal.

2. So far as the first name of the appellant as Parmeshwar in concerned, it can very well suit a Hindu lady who treats her husband not less that, but his second name Prem Sukh is deceptive. As a matter of fact, neither the appellant had godly qualities nor he can impart happiness by love and affection towards his wife Smt. Vimla. He contends his wife as suffering from mental disorder and insanity despite the fact that Smt. Vimla appeared in Court on various dates to oppose such a cruel husband. It could not be denied by PW 2 Murli Manohar, PW 3 Manmohan, PW 4 Parasaram, PW 5 Dualal Katta PW 6 Smt. Santosh and PW 7 Rameshwar that they were not witnesses any sign of insanity of mental disorder in Smt. Vimla. She had on her forehead the red round symbol of being solemnly married wife. She was dressed properly and was not bare footed. She did not appear either to the witnesses or to the Court as suffering from any mental disorder. Here is a husband who never cared to supply or apply medical care to Smt. Vimla when she suffered from jaundice while the was pregnant from her second child to be born. At the time of distress in 1980, she had to go to her parent's house who had given her berth for her treatment from jaundice. Here is a husband who separated the child of Smt. Vimla from her while the child was only one year old.

3. I am of the considered view that Smt. Vimla was rightly believed by the District Judge, Jodhpur and that the real intention of Parmeshwar alias Premsukh was to get rid of Smt. Vimla some how or other with intend to remarry by branding her to be mentally unsound. Premsukh cannot be permitted to terminate to marital ties by a decree of divorce.

4. This appeal has no merit in it and it is hereby dismissed.

Same Court & Year Rajasthan · 1987 Same Parties Parmeshwar Alias Premsukh vs Smt. Vimla W/O Parmeshwar Soni Same Subject Family Same Judge Navin Chandra Sharma, J.

Family