- (1.) Heard learned counsel for the parties.
(2.) This appeal has been preferred by the aggrieved husband against the dismissal of the Title Matrimonial Suit No. 5 of 2009 by the learned Principal Judge, Family Court, Bokaro, vide impugned judgment dated 25.05.2015, decree dated 29.05.2015 by which the suit for dissolution of marriage with the respondent filed under section 13(1)(i-a)&(iii) of the Hindu Marriage Act, 1955 was dismissed. The marriage between the parties was solemnized on 12th July, 2000 as per Hindu rites. Two children have been born out of the wedlock, one being a daughter aged about seven years and a son aged about five years at the time of institution of the suit. The petitioner had pleaded before the learned court that he had seen abnormal behavior in the respondent as she used to become aggressive and tried to destroy household articles and misbehaved with him. She fled away from the house several times and she was brought back after searching her. She also sometimes went to her parent's house. He got her treated at Dr. Davis Institute of Neuro Psychiatry under Dr. Borde. A prominent psychiatrist Dr. A.K. Gupta certified that she is suffering from "Schizophrenia". In such circumstances, since the petitioner could not live peacefully with her, he preferred a Matrimonial Suit before the District Judge, Bokaro being T(M) S. No. 89 of 2001 which, however, was compromised and withdrawn on 12.02.2002. Her behaviour, however, remained unchanged. After few months, her behaviour again became reckless and cruel to the petitioner. Thereafter, he separated from his family members and started living with the respondent. A son was born in the year 2003 but contrary to the expectations, her misbehaviour and maltreatment with the children and petitioner as well as neighbors continued. She used to throw stones in the neighbors' houses occasionally. On one occasion, she threw brick in the house of one Madan Gupta which broke the asbestos sheets of said Madan Gupta and he became injured. It was not possible to live with her. Therefore the suit.
(3.) As per the respondent, the present petition is barred by resjudicata in view of the withdrawal of the earlier suit. She is a perfectly normal individual and does not suffer from any mental illness. She has been badly treated by the petitioner on trivial matters and even assaulted. The accusation of madness is false. She has been driven out of her matrimonial home and is living at her sister's house. She has denied having been treated at Dr. Davis Institute of Neuro Psychiatry or being examined by Dr. A.K. Gupta. Therefore the suit should be dismissed.;