J P SHARMA Vs. SHASHI BALA

JUDGEMENT

(1.) This Letters Patent Appeal by the husband is directed against the judgment of a single Judge of this Court upholding the order of the trial court dismissing the petition of the appellant for judicial separation.

(2.) We will not repeat all the facts which have been given in detail by the learned single Judge. The material facts are these. The parties, who are residents of Delhi, were married on December 2, 1965. They belong to middle class society, A daughter was born to them on January 20, 1967. It was followed by some quarrels. The wife with the child was sent to her parents' home in October, 1967. She had to live there for a year before joining her husband again. On April 29, 1969 the wife had an abortion. On July 23, 1969 she had to be taken to neurology department of All India Institute of Medical Sciences (AIIMS). For about a year she was all right. She fell sick again in June, 1970 and was sent to her parents' home on June 9, 1970. She was once more taken to AIIMS on June II, 1970. On July 14, 1970 she was taken by her father to hospital for Mental Diseases at Shahdara. Dr. Bhushan found her suffering from schizophrenia. She was admitted in the hospital. Electric Current Therapy (E.C.T.) was given on various days in addition to other treatment. She was also treated for epilepsy. After 12 days she was discharged from the hospital on July 26, 1970. Thereafter, she remained under treatment till August 31, 1970 as an outdoor patient. By September/ October, 1970 she again started living with her husband.

(3.) The husband, who is an adopted son, was living with his adoptive parents in a lane in old Delhi. They never engaged a servant. All the household chores were always done by the wife. In early 1971 the husband rented a separate house in Shahdara and shifted there with the wife. Their daughter was kept back by the husband's parents. As usual, the husband did not employ any servant. The wife did all the household work. In March, 1971 she had a second abortion. On August 26, 1971 the husband took the wife to hospital for Mental Diseases where she was given an E.C.T. On September 15, 1971 the husband finally left her at her parents' house. On May 4, 1972 the husband filed an application for judicial separation under section 10(l)(b) of the Hindu Marriage Act (referred to as 'the Act').