P. PUTTASWAMY Vs. N. RUKMINI

JUDGEMENT

(1.) The unsuccessful petitioner in M.C. 22/2004 on the file of the Additional Senior Civil Judge Court, Hassan, has come up in this first appeal. The appellant herein is the petitioner and respondent is the respondent before the Court below. For the sake of convenience, they are referred to by the ranking before the Court below. The brief facts leading to this appeal are as under:

(2.) The petition was filed by the husband under section 13 of the Hindu Marriage Act, for the relief of Decree of Divorce. The petition averments are that, after the marriage in the year 1994, the petitioner and respondent setup matrimonial house at Tharikere and lived there for a period of six months. During that period, respondent treated the petitioner and his family members in rude manner addressing every one of them in singular, did not respect the elders, ill-treated and insulted for no reason. She was not co-operating with the petitioner in leading the normal marital life. Since she refused to live in Tharikere along with other members of the petitioner's family which at that time included his mother, brother, sister-in-law and others, petitioner was forced to take transfer from Tharikere to Bhadravathi. Accordingly, he shifted his residence to Bhadravathi on 1.4.1995. In the matrimonial house, though he provided all comforts the behaviour of respondent did not improve. She continued to treat the petitioner and his mother in the same manner, as she was treating them in Tarikere.

(3.) During this period, respondent conceived and delivered two children, one in the year 1996 and another in 1998. The first baby is male child and second is female child. When her mis-behaviour with family members continued, it also extended to abusing the children in filthiest of the languages like, calling the husband and the children as persons born in illicit relationship (Bastard) and addressing the petitioner's mother as prostitute, she was also physically assaulting them without any reason. When her behaviour continued like this, petitioner took her to Government Mental Hospital, Hassan, on 12.3.2003. The Doctor diagnosed her and informed the petitioner that his wife is suffering from Paranoid Schizophrenia and also stated that the disease could not be cured completely, it will continue to relapse often, that it can only be managed with medication. In that behalf, a certificate was also issued by Doctor S.M. Arunachalaiah who treated her. The said Doctor advised her continuous medical treatment. Inspite of best efforts on the part of petitioner respondent did not cooperate with him in taking the treatment as advised by Doctor. She also did not co-operate in reforming herself.