- (1.) Heard learned counsel for the appellant. Despite service of notice on two previous occasions and again through special messenger of the Court, respondent refused to accept notice. As such, respondent has remained unrepresented.
(2.) 2.2. Appellant is the husband aggrieved by the dismissal of his Matrimonial Title Suit No. 46 of 2007 by the judgment and decree dated 03.02.2012/09.02.2012, passed by the learned Principal Judge, Family Court, Ranchi, whereunder, learned court refused to dissolve the marriage between the parties on the grounds of cruelty and mental disorder under section 13(1)(i-a)(iii) of the Hindu Marriage Act. 1955.
(3.) Case of the petitioner/appellant 4.3. The parties entered into marriage on 29.07.1983 at Dhanbad according to Hindu religious rites and customs. Petitioner alleged that the brother of the respondent who was the intermediary and his relatives deliberately concealed the hereditary bio-polar disorder of their family. The marriage was consummated but afterwards he found her extraordinarily emotional, stubborn and sentimental. She remained callous and indifferent towards him and appeared to be dissatisfied with his family atmosphere. She refused to perform matrimonial obligations towards her in-laws. A son was born out of the wedlock in 1984 but she failed to mend her ways. At times, she used to become furious and insult him in presence of his friends and relatives. She often used to abuse him as "Ass", "Dog", "Monkey" etc. Her cruelty increased day by day. He could not fathom the reasons. On much persuasion, she agreed to visit doctor for treatment of her behavior. However, her condition did not improve. Their only child died in the year 2000 in unfortunate circumstances. However, his death did not evoke any significant emotional change in her behavior. Subsequently, she was taken to Dr. P.K. Choudhary, a renowned psychiatrist in Ranchi, in the year 2003, who diagnosed her as a patient of chronic schizophrenia which had the tendency to show violent behavior at times if not controlled. She undertook medicine after great persuasion and the attacks of schizophrenia became of less intensity. However, she refused to take medicine anymore and became more unstable bordering on insanity. She perhaps bore hallucination that petitioner had illicit relationship with each and every female member including his own 60-year old sister. Her behaviour was surprisingly normal towards everyone else. The neighbours also used to take advantage of her unstable behavior and often provoked her to harass the petitioner more with malafide intention. She even denied cooking food and any household work. Again Dr. P.K. Choudhary was consulted, who categorically told him that she is suffering from incurable disease, which can only be controlled through proper medication but cannot be cured. The respondent had become more furious despite all his efforts and medical care and it was difficult to live with her. He was forced to leave the home on 5.3.2007 and is presently living a vagabond life. Petitioner has become apprehensive of any unwarranted incidence that may occur, hence, the instant suit was filed on the grounds of cruelty and mental disorder. 5. Respondent's case;