TRIMBAK NARAYAN BHAGWAT Vs. KUMUDINI TRIMBAK BHAGAWAT

JUDGEMENT

(1.) THIS appeal arises out of proceedings started by the wife against her husband for judicial separation. The facts giving rise to this appeal may be briefly set out as follows: the appellant (who will hereinafter be referred to as the husband) was married to the respondent (who will hereinafter be referred to as the wife) on 17-5-1949. The wife as well as the husband came from respectable families. The wife was a graduate at the time of the marriage and the husband had passed the Diploma of Chartered Accountancy. At the time of the marriage, the husband was working in partnership with another person, which partnership had two offices, on at Hyderabad and the other at Bombay. The husband started working in the office at Hyderabad. In the month of August 1949 the wife went to stay with her husbad at Hyderabad. Two issues were born to the wife from the husband, one on 19-4-1950 by name Ravindra and the other on 9-8-1951 by name Vikram. Both were sons. Disputes started between the partners of the firm and eventually the husband closed the office at Hyderabad and returned to Poona, where his father has a house. This was by about the end of 1952. The disputes were a prolonged affair and the husband had to stay in Bombay for the purpose of taking accounts. But, eventually, he got a paltry sum of Rs. 52 or so for his share. All the while the husband remained unemployed. He had taken a shock both as a result of the partnership not vielding him any profits and also as a result of prolonged unemployment. He became moody and went on brooding his own affairs. He was secretive and kept his sorrow to himself. He did not like his wife asking him questions in regard to financial affairs and would resent any intervention on her part. His ecentricity went on increasing and by about February 1954 he lost balance of his mind. One day he went in a ricksha and wandered for a long time. The wife had to go in search and bring him back. On 15-2-1954 the husbad was admitted in the mental hospital at Yeravade as his mind was completely unhinged. The husband used to quarrel with his wife and also beat the children without rhyme or reason. He was discharged from the hospital on 6-7-54. He had not been completely cured. He used to sit brooding for hours together doing nothing. He did not like his wife to take up any employment and earn something for the family. The husband's father had retired from the Agricultural Department and was not in a position to maintain the family of the husband and wife. The husband continued to remain unemployed even in 1955. In the month of May 1955 a marriage ceremony was held in the house of the parents of the wife at Thana. The husband attended the marriage. He was keen on giving some present to the birdegroom, but he had no money. That completely upset him and his mind became deranged. On 22-5-1955 he was again admitted to the mental hospital at Yeravada as a voluntary boarder. He was discharged on 10-12-55. But he continued to be erratic, eccentric and moody. He then started conducting some coaching classes. An incident took plce on 8-1-58 while he was conducting the class. There were only three studentsin the class. One of them was Suresh, the brother of the wife. The husband was explaining some problems to the students, but he faltered and was unable to find a solution to the problem. He began to shout. People collected. Suresh the brother of the wife took him home. Suresh was asked to remain in the house for that night and sleep in the room of the husband. Accordingly, Suresh and the husband slept in one room. The wife slept in the adjoining room. The parents of the husband slept in a third room. At about 12. 30 midnight the husband went near Suresh and started strangulating his neck by holding fast to his neck. Suresh raised cries. The wife went in. The father of the husband went there. Suresh was struggling to get himself extricated. The father hit the husband and separated Suresh from his clutches. Next morning i. e. 9-1-1958, as the husband was taking tea, Ravindra was sitting on the lap of his mother i. e. , the wife. Suddenly, the husband pounced on his and started strangulating Ravindra by holding his neck. Suresh intervened and snatched Ravindra from the hands of the husband. The same day, the husband was sent to the mental hospital as a voluntary boarder on the third occasion. The wife's case is that as a result of the abnormal behaviour of the husband, she has entertained an apprehension that there is danger to her life. The wife could have left the house immediately after this incident. But, she did not do so firstly because the husband was sent to the mental hospital and the danger was at least temporarily averted and secondly because, she was studying for her B. T. , Examination and the examination was drawing near. The wife learnt that, the husband was to be discharged on 21-4-1958. Sensing danger to herself and her children she left for thana on 18-4-1958. the husband was discharged on 21-4-58. After his discharge he wrote letters to the wife asking her to return to his house. The wife, however, did not return. On 1-7-60 she lodged the present petition for judicial separatiion on two grounds; (1) That the husband has wilfully deserted her for over the statutory period and (2) that he has treated her with such cruelty as to cause reasonable apprehension in her mind that it is harmful for her to live with her husband.

(2.) THE findinfg of the Courts below have gone against the wife on the point of desertion Mr. Rege, for the respondent, also has not pressed that point in this appeal. Nor is that point now open for consideration in the Second appeal.

(3.) THE husband admitted that he was put in the mental hospital three times on the ground that his mind was deranged on those occasions. He, however, denied that he was brooding over his affairs or that he was moody or eccentric. In particular he denied that his behaviour was in any way cruel.