N.N. PRAKASH Vs. SHYLAJA K.

JUDGEMENT

(1.) This appeal under Sec. 19(1) of the Family Courts Act, 1984 has been filed against the judgment dtd. 31/10/2013 by which the petition filed by the appellant seeking dissolution of marriage on the ground of cruelty as well as on the ground that the respondent suffers from a mental disorder has been dismissed.

(2.) Facts giving rise to filing of this appeal briefly stated are that the marriage between the parties was performed on 28/1/2005. Out of the wedlock, a female child was born on 26/10/2006. The marital life between the parties was not cordial.

(3.) The appellant filed a petition on 30/5/2008 seeking dissolution of the marriage on the ground that the respondent has subjected him to cruelty and that she suffers from mental disorder. It was inter alia pleaded that the respondent suffered from mental disorder and therefore, she was taken for medical treatment. However, the respondent thereafter, started quarreling with the appellant and his family members and took the child forcibly away. The respondent did not take medicines and did not take the treatment. It was pleaded that she was suffering from paranoid illness. Accordingly, a decree was sought for dissolution of marriage on the ground of cruelty as well as on the ground that respondent suffers from mental disorder.