- (1.) HEARD learned Counsel for the appellants as well as learned Counsel for the respondent, who has appeared through caveat.
(2.) THIS appeal is directed against judgment and decree dated 27. 11. 2007 passed by A. D. J. Court No. 2, Ghazipur in matrimonial case No. 84 of 2003, ratanjay Pradhan v. Smt. Suman and others. Through the impugned judgment, marriage in between plaintiff-respondent and appellant No. 2/defendant No. 1 has been annulled and declared void mainly under section 13 (1) (iii) of Hindu marriage Act, which is quoted below:- "13. Divorce.- (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) and (ii) not relevant. (iii) has been incurably 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.-In this clause- (a) the expression "mental disorder" means mental illness, arrested or incomplete development of mind, psychopathic disorder or any other disorder or disability of mind and includes schizophrenia; (b) the expression "psychopathic disorder" means a persistent disorder or disability of mind (whether or not including sub-normality of intelligence)which results in abnormally aggressive or seriously irresponsible conduct on the part of the other party, and whether or not it require or is susceptible to medical treatment; or"
(3.) THE Court below held that the wife Smt. Suman is suffering from some mental disorder in the form of schizophrenia.;