The petitioner and respondent are husband and wife. They were married in February, 1978 as per Hindu rituals and ceremonies. Both the spouses are highly qualified. The petitioner is M.Sc., Ph.D. and the respondent is M.A in social worker. Before their marriage took place, the father of the respondent wrote a letter to the father of the petitioner stating that his daughter had a bad attack of sun stroke which affected her mental condition for some time. This fact could be checked from Broadmoor mental hospital or Dr. Aurica Bhattacharya and that he should discuss matter with petitioner. But the petitioner or his father did not check it further and marriage was solemnized. Till March, 1981 two daughters were born out of this wedlock. In January 1983, the respondent went to Pune to attend the marriage of petitioner's brother. The petitioners took the respondent Dr. Joseph Williams, a psychiatrist, for getting her examined but dr. Joseph Williams wanted some time more. The petitioner left her there and came back Delhi on March 11, 1983 alone. The respondent felt that her husband wanted to build to build up a Case that she was of unsound mind and she was being lured to walk into the trap. She did not visit Dr. Joseph Williams again and two days later, the respondent followed the petitioner but she went straightway to her parent's house in Delhi. On March 15, the petitioner wrote letter to the police asking for protection as feared danger to his life from the respondent parents and relatives. On March 19th march 1983 the respondent saw the petitioner at his house and meeting was held to resolve the matter amicably. After a brief meeting she left matrimonial home for the reasons best known to her. On March 23, 1983, the respondent wrote to the petitioner complaining against his conduct and asking for money for the maintenance of self and the daughters. The respondent also wrote to the secretary of the ministry where the petitioner was serving that he had deserted her and treated her with extreme cruelty and asking for maintenance for her and her daughters. But nothing came out of that. A third daughter was born on August 19, 1983. The petitioner filed a petition on February 19, 1984 for annulment for his marriage with the respondent or alternatively for divorce or the judicial separation. The annulment was sought on the ground of fraud, divorce on the ground of unsoundness of mind and judicial separation on the ground of cruelty. Argue in favour of petitioner and respondent in the present petition before the district court
ISSUES:
1. Whether the respondent commits any fraud with the petitioner as alleged?
2. Whether the petitioner for divorce filed by petitioner ought to be dismissed?
3. Whether the petitioner is entitled to get decree of judicial separation on the ground of cruelty?
4. Whether the respondent is entitled to get maintenance?
