SHRUTHI NAGARAJ Vs. NAGARAJ KRISHNA

JUDGEMENT

(1.) In this appeal under Sec. 19(1) of the Family Court Acts, 1984, the appellant-wife has assailed the validity of the judgment and decree dtd. 1/4/2017 passed by the Family Court, by which, the petition filed by the respondent-husband under Sec. 13 (i)(iii)(a) and (b) of the Hindu Marriage Act , 1955 has been allowed and the marriage between the parties has been dissolved on the grounds enumerated under Sec. 13 (i)(iii)(a) and (b) of the Hindu Marriage Act , 1955.

(2.) Facts giving raise to filing of this appeal briefly stated are that the marriage between the parties was performed on 15/2/2009. The respondent herein viz., husband filed the petition seeking dissolution of marriage under Sec. 13 of the Hindu Marriage Act, 1955, on 9/7/2010 inter-alia on the ground that wife is suffering from a mental disorder to such an extent that he cannot live with her. It was further pleaded that appellant-wife is suffering from psychopathic disorder namely schizophrenia and has a split personality. It was also stated that the wife has treated the husband with mental cruelty of such a nature that it has caused him mental agony and anxiety. It was also pleaded that the appellant is under medication for mental infirmity namely bipolar disorder since prior to the marriage. The appellant has also received treatment for the aforesaid ailment. Further, it was pleaded that the appellant suppressed the fact that she was suffering from such an aliment and did not bring the same to the notice of the respondent-husband. The respondent further sought for dissolution of marriage.

(3.) The appellant-wife filed objections in which the relationship between the parties was admitted. Further, the fact that there was no consummation of marriage was also admitted. It was denied that the respondent is suffering from any mental disorder or schizophrenia. It was also denied that she behaved abnormally and was under medication and treatment in NIMHANS hospital.