Om Prakash, J. - (1.) THIS is a First Appeal by the defendant-appellant against the judgment and decree dated 31st July, 1984, of the learned II Addl. District Judge, Jhansi, decreeing the suit of the plaintiff-respondent for dissolution of his marriage with the appellant by a decree of divorce.
(2.) THE plaintiff filed a suit on 14-7-1983 with the allegations that his marriage was solemnized with the defendant on 17-6-79 with Hindu and customary rites at Jhansi ; that a female child was born from their wed-lock about two years before, but she expired soon after the birth; that the defendant was suffering from mental disorder from before the marriage, but that fact was concealed by her parents ; that due to the mental disorder of the defendant, it cannot reasonably be expected of the plaintiff to live with her ; that the defendant did not respond to the treatment given by several doctors ; that the doctor certified that the defendant has been suffering from schizophrenia ; that she is dangerous to herself and to others ; that the doctor advised the plaintiff to keep the defendant in a mental asylum ; that due to schizophrenia the defendant used abusive language and her treatment is cruel as against the plaintiff and the members of his family ; that the defendant lodged a false report on 1st July, 1983, at the Police Station that she had been beaten by the son of her elder sister-in-law ; that on 1st July, 1983, the defendant gave the beating to the two sisters of the plaintiff, namely, Bharti and Alka, who were medically examined for the injuries caused to them and that in these circumstances, dissolution of the plaintiff's marriage with the defendant has become necessary. The defendant filed a written statement and denied that she is the patient of schizophrenia. She pleaded herself to be a normal house wife able to discharge her all the marital obligations. She contended that the plaintiff took her to the doctors under the pretext that her treatment was necessary so that next delivery might be normal and at that time the plaintiff might have obtained false certificates from the doctors. In paragraph 15 of the written statement, the pleading is that she has been ill-treated throughout by the plaintiff and the members of his family and that she has been subjected to merciless beating by the plaintiff and members of his family with a view to pressurising her to bring more and more dowry to satisfy her in-law's greed. It is contended that the plaintiff has filed a false suit with ulterior motive that he may solemnize re-marriage after obtaining the decree of divorce to satisfy his greed for dowry. It is alleged that with a view to achieving the idea of re-marriage, the plaintiff made efforts to receive orders to keep the defendant in the mental asylum, but his plan did not succeed, as the City Magistrate rejected his application. On the pleadings of the parties, the learned trial court framed the following issues : 1. Whether the defendant Rameshwari Devi is a patient of schizophrenia and whether it is dangerous for the plaintiff to live with her ? 2. Whether the defendant ill-treated the plaintiff and the members of his family and whether the former has been ill-treated by the plaintiff and members of his family ? 3. To what relief, if any, the plaintiff is entitled ?
(3.) THE learned trial court accepted the case of the plaintiff that the defendant has been suffering from schizophrenia and that her treatment with the plaintiff and the members of his family becomes cruel during the attack of schizophrenia. He, therefore, granted a decree of divorce. I have heard Sri Shashi Nandan, learned counsel for the defendant-appellant and Sri G. P. Bhargava, learned counsel for the plaintiff-respondent. The contention of Sri Shashi Nandan is that the plaintiff filed the suit u/Sec. 13 of the Hindu Marriage Act, 1955 (briefly ' the Act 1955 ' ), which, so far as material, runs as under : " 13 (1). Any marriage solemnized, whether before or after the commencement of this Act, may, on a petition presented by either the husband or the wife, be dissolved by a decree of divorce on the ground that the other party- (i)......... (ia)......... (ib)......... (ii)......... (iii) has been incurable of unsound mind, or has been suffering continuously or intermittently from mental disorder of such a kind and to such an extent that the petitioner cannot reasonably be expected to live with the respondent. " Explanation (a) to clause (iii) of sub-section (1) of section 13 is as follows : " In this clause : the expression " mental disorder " means mental illness, arrested or incomplete development of mind, psychopathic disorder or any other disorder of mind and includes schizophrenia. " The submission of Sri Shashi Nandan is that the ingredients of clause (iii) to subsection (1) of Sec. 13 are that the other party- (1) has been incurably of unsound mind, or (2) has been suffering continuously or intermittently from mental disorder of such a kind and to such an extent that the petitioner cannot reasonably be expected to live with the respondent.;