AJAY MARAR Vs. BIVRA

JUDGEMENT

(1.) This appeal under Sec. 19(1) of the Family Courts Act, 1984, has been filed against the judgment and decree dtd. 16/6/2016 passed in M.C.No.2918/2010 by which the petition filed by the appellant seeking dissolution of marriage on the ground of cruelty and unsoundness of mind has been dismissed.

(2.) Facts leading to filing of this appeal briefly stated are that marriage of the appellant and respondent was solemnized on 20/8/2005 at Sri Krishna Temple Kadalayi Kannur, Kerala and the same was registered in the Office of the Registrar of Marriages, Chairakkal, Kerala. It is averred that the couple started living in Bangalore, and a child is born out of the wedlock on 28/3/2010. It is further averred that appellant is working in Indian Army was posted at Jammu and Kashmir, Democratic Republic of Congo and Bhuj from August 2005 till July 2009. It is pleaded that appellant used to visit respondent during the said period, the appellant has noticed that respondent's behavior was abnormal and sensed that she is suffering from mental disorder. It is also pleaded that appellant was posted to Bangalore and thereafter, they have shifted to the Official Quarters.

(3.) It is averred that respondent's behavior was abnormal and it was aggravated, she used to quarrel with the appellant and beat him mercilessly with the available objects and injured him. It is also averred that respondent was not eating food properly, never used to sleep properly and the entire household chores was on the shoulders of the appellant. It is pleaded that appellant has contacted the Doctor, explained him the conduct of the respondent and the Doctor opined that respondent is suffering from mental disorder, which includes schizophrenia and split personality. It is further pleaded that respondent was staying with her parents during the post natal care and on 2/8/2010, the respondent abruptly entered the appellant's house and started quarrelling by abusing in filthy language, threatening to kill him and the child, and also to commit suicide. Immediately he called the respondent's mother and sister and requested them to take the respondent back. It is also pleaded that the behavior of the respondent was to threaten the appellant and cause mental cruelty by disrespecting him in front of his family members and relatives.