Gokal Chand Mital, J. - (1.) The parties were married way back on 16-2-1975 and out of the wed-lock a male child was born on 8-7-1977 and a female child Sushma Rani took birth on 8-10-1980. On 14-9-1984 the husband filed a petition for divorce under section 13(1)(iii) on the ground that the wife was of unsound mind. It was pleaded that till six months after the birth of the second child, the wife behaved like a normal person, although there were some signs of hot temperament sometimes but then she fell prey to mental retardation and her behaviour with him, his mother and children became very poor. Under the fits of her insanity she started acting like an idiot, whereafter she was taken to Amritsar and was got checked up in Vidya Sagar Mental Hospital, where on 18-11-1983 she was diagnosed of mental retardation causing unsoundness of mind. She is alleged to have been discharged on 21-11-1983 with the opinion that her unsoundness of mind was incurable.
(2.) The wife contested the petition and pleaded that she lived with the husband for about 8 years and there was no problem between them accept that her husband was a greedy man and was making unreasonable demands from her parents. His demand for Rs 4,000 made about four years ago for running the business was fulfilled but when more money was demanded, her parents showed their inability and ultimately she was turned out of the house in three bare clothes. It was admitted that she was shown to Dr. A. S. Sidhu, Psychiatrist in the out-patient department of Punjab Mental Hospital, Amritsar, and it was found that there was nothing wrong with her. She was declared to be a simpleton.
(3.) On the contest of the parties, the following issues were framed 1. Whether the respondent is of unsound mind ? If so its effect ? OPP 2. Relief.;