GK Vs. LS

JUDGEMENT

(1.) This appeal impugns the order dated 4th August, 1995 passed in HMA NO.56/1992 whereby the learned Additional District Judge, Delhi dissolved the marriage between the parties on the ground of cruelty. The husband who is the respondent herein had petitioned for dissolution of marriage on the grounds of desertion, unsoundness of mind and cruelty. The trial court examined the two issues, i.e., i) whether the wife had continuously or intermittently suffered from mental disorder of such a kind and to such an extent that it was not possible for the husband to live with her and ii) whether the wife has treated the husband with cruelty.

(2.) On the first issue apropos whether the wife could be said to have suffered from mental disorder, the court reasoned that, the mere fact that the child was born two years after the marriage, would show that the husband has considered the wife to be in a fairly fit state of mind. The court reasoned that if immediately after the marriage the wife's conduct was such as to cast doubt about her state of mind, the husband would not have fathered the child; that the husband left the country after seven years of wedlock and four years after the birth of their child, at a time when the child had started going to school. The court opined that the professional competence of the wife disproves the allegations of the husband which would cast any aspersions on the soundness of her state of mind. The court also reasoned that it was not specified as to who consumed the Eskazine antipsychotic tablets/pills as there was no prescription to show that the wife was consuming the same. The court was of the view that even if she was consuming the same, it would not show that she was suffering from any mental infirmity. Accordingly, the court returned this finding in favour of the wife and against the husband. This Court finds no reason to disagree with the findings.

(3.) On issue No. 2, as to whether the wife had treated the husband with cruelty, the court returned a finding against the wife on the basis of a letter written by her on 3.6.1990. (Ex.P -1/2) Although, the wife had been denied the said letter in the written statement, it was subsequently admitted in her evidence. The letter reads as under: