B N PANDURANGA SHET Vs. S N VIJAYALAXMI

JUDGEMENT

(1.) THIS appeal under Section 28 of the Hindu Marriage Act is by the husband who had preferred M. C. No. 126/96 before the Court of ii Addl. Civil Judge at Mysore praying for a decree of divorce in his favour as against the respondent/wife and for dissolution of their marriage which had been solemnised on 26. 5. 1991 on the ground of cruelty on the part of the wife and also on the ground that the respondent/wife is a person suffering from Schizophrenia and the mental disorder which she suffers intermittently was of such kind and to such an extent that the petitioner cannot be reasonably expected to live with the respondent.

(2.) THE Trial Court which looked into the petition having not agreed with the petitioner and having declined to grant the relief, the husband is in appeal before us.

(3.) BRIEF facts leading to the petition and the appeal are that the parties who follow Hindu customs and rituals became husband and wife as per the marriage performed in accordance with the customary rights that took place on 26. 5. 1991 at Chikmagalur, parents place of the respondent/wife. The parties are however, related even prior to the marriage. The respondent/wife being the petitioners cousin i. e. , the daughter of the sister of the petitioners father.