Decided on April 04,1983


Referred Judgements :-


Cited Judgements :-



N.N.Goswamy, J. - (1.)This appeal by the husband is directed against the judgment dated 6-3-1982 passed by the learned Add]. District Judge, Delhi whereby his petition under Section 13 of the Hindu Marriage Act, for dissolution of marriage was dismissed.
(2.)The appellant-husband filed a petition for dissolution of marriage by a decree of divorce under Section 13 of the Hindu Marriage Act. It is alleged in the petition that the marriage between the parties was solemnized on 6-10-1975 in accordance with Sikh/Hindu rites and customs at Delhi. Two children were born out of the wedlock on 2-1 1-1976 and 16-10-1978. The elder child is a boy and living with his father and the younger child is a girl and is living with the mother. It is further alleged that never since the marriage, the respondent was found to be a person of unsound mind. She would laugh and begin to weep without any reason. She would often shout and sometimes threaten to commit suicide. Her behaviour from the very beginning and throughout left much to be desired. She would not be amenable to reasoning and pick up quarrels on most minor issues. The appellant extended a very large measure of understanding and tolerance but to no effect. The appellant discussed all this with the parents of the respondent who informed the appellant that the respondent was doing the same thing even before her marriage. However, the appellant and the respondent resided together upto 2-3-1980 at Delhi. During this period, she used to pick up quarrel and go to stay for long period with her parents. The appellant consulted several eminent specialists in psychiatry who diagnosed her case to be schizophrenia and opined that the disease was not curable. In spite of the treatment and medicines and electric shocks, the respondent showed no substantial or lasting improvement. It is further alleged that the respondent and her parents by suppressing the true facts from the appellant, have played a fraud on the appellant and his parents. The respondent ultimately deserted the appellant on 2-3-1980 leaving behind a suicide note to the efFect that the respondent was fed up with her life and wanted to commit suicide. In these circumstances, it is alleged that the appellant has been ruined because of the fraud, concealment and cruelty practised by the respondent and her parents on the appellant; thus causing the appellant great mental torture. The respondent gave up the treatment which was given to her when she was living with the appellant. The appellant apprehends every danger to his life and property and to the lives of his minor children at the hands of the respondent and is left with no other alternative but to seek dissolution of marriage by a decree of divorce.
(3.)The petition was contested by the respondent. In the written statement it was pleaded as preliminary objections that the petition was liable to be dismissed on the grounds that the same was not verified in accordance with law and that the petition contained false, frivolous and concocted allegations. The petition was filed with ulterior motives to get rid of the respondent, in his malicious and illegal intention of marrying another girl for more money. On merits the factum of marriage and the birth of the two children was not disputed. The allegations regarding her being of unsound mind were denied. She pleaded that she was of sound and well balanced mind prior to marriage, at the time of marriage she continued to be so till the date she filed the written statement. She further pleaded that the parents of the appellant continuously kept on inflicting mental torture on the respondent by saying that had the appellant married some other girl he would have got very good dowry. The appellant had also been insisting that the respondent should bring some more from her parent's house which the respondent could not get and this conti- nuous process of mental torture created a little disturbance in the mind of the respondent. Since the date of the marriage, the appellant started demanding more furniture and replacement of beds and further pressurised the respondent to boring the same from her parents inasmuch the brother of the respondent is deal'ng in. the business of furniture. In spite of all this, she tried to adjust herself with the appellant and his parents. She specifically denied that she was suffering from schizophrenia or that she ever suffered from any such disease. She also denied that she is a case of potential homicidal or suicidal risk. She also volunteered that she was prepared to undergo a medical test by an independent specialist appointed by the Court. She further expressed her desire and willingness to live with the appellant.

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