the fact situation in the matter in hand is exceptional and demands a deviation from the well settled principles. The foremost circumstance relied upon is the fact of the disability from which the respondent/wife has been suffering. It is being demonstrated that she is suffering from Spastic Diplegia C.P., having disability to the extent of 40%, measured by adopting McBride scale. However, as has been rightly borne in mind and pointed out by the learned Judge of the Appellate Court, though the respondent/wife has been suffering from such a disability, she is quite capable of and has been handling the child properly till the couple was together. It is pertinent to note that the learned Judge also had an opportunity to personally see the respondent/wife in the Court and has formed a subjective opinion about how inspite of her such disability, she is capable to look after the child. Apart from his such subjective satisfaction, he has also demonstrated as to how there could not have been any dispute as regards her ability to maintain the child so long as the couple was together. He has also pointed out that inspite of her such a condition, the petitioner/husband could cohabit with her for couple of years during which the child was born. If such is the state-of-affair, no exception can be taken to the observations made and conclusions drawn by the learned Judge that the plea being raised by the husband/petitioner is a convenient one and the respondent/wife is capable of looking after the child inspite of her such disability.
