BABU P.P. Vs. BEENA K.M.

JUDGEMENT

(1.) This appeal is filed by the petitioner in O.P.No.1037 of 2002. The original petition was filed seeking divorce under Section 13 (1) (iii) of the Hindu Marriage Act, 1955 on the ground that the respondent was suffering from mental illness of such a nature that the petitioner was unable to live with her. The short facts in the original petition would disclose that the petitioners marriage was on 18.04.1990 and a female child was born on 14.03.1991. According to the petitioner, after the birth of the child she had shown some signs of mental disorder. She was aggressive and used to attack the petitioner and his mother. Another child was born on 29.03.1996. After the second child was born she had been taken for treatment for the mental disorder. On account of her aggressive nature she attacked the neighbours. She had destroyed the household articles. At last she was taken to Medical College Hospital, Thrissur and treated for mental illness. According to the doctor she is suffering from schizophrenia, a kind of mental disorder. Petitioner submits that he is unable to live with her. At the time of filing the original petition, she was residing with her parents. Respondent entered appearance and raised objections to the allegations against her. According to her the allegations of mental illness were not correct and she had only some form of tension and the other allegations were baseless. According to her she was forcibly taken to the hospital alleging that she was attacking the petitioner and his mother. According to her petitioner has deserted her and she was not suffering from any mental disorder. Before the Family Court, three witnesses (PW1 to PW3) were examined as petitioner's witnesses and the respondent was examined as RW1. Petitioner relied upon A1 to A3 and X1, X2 are marked as court exhibits.

(2.) On a consideration of the factual and legal aspects involved in the matter, Family Court found that the petitioner had not proved that the respondent was suffering from mental disorder of such a nature by which he was unable to live with her. Accordingly, that original petition was dismissed.

(3.) The learned counsel for the appellant submits that sufficient evidence was available in the case to substantiate that the respondent was suffering from schizophrenia, which is a mental disorder of such a nature that the petitioner was unable to live with her. The petitioner had already lost about 14 years with the respondent and there is no reason why he should continue with the same. It is also contended that the children are with the petitioner and one of the daughters has been given in marriage. It is further submitted that the evidence of PW2 doctor categorically proved the aforesaid facts. The fact of mental illness had been wrongly appreciated by the court below, on a finding that the illness could be controlled by medication.