P S SIJAMOL Vs. M T SABU

JUDGEMENT

(1.) This appeal is filed by the respondent in OP No.671/2007 challenging judgment dated 11/2/2011 by which the Court below had granted a decree for divorce. OP No.671/2007 was filed seeking for declaring the marriage a nullity and in the alternative, also sought for a divorce.

(2.) The short facts arising in the case are as under:- The parties are described as shown in the petition. Petitioner married the respondent on 8/3/2004 and a female child was born in the wedlock. Petitioner alleged that the respondent is a person of incurably unsound mind and she was having the disease even prior to the marriage. She is suffering from a mental disorder of such a nature that he is unable to live with her. In the petition, it is alleged that she conceived in the month of July, 2004 and started showing displeasure as if she does not like to conceive. She refused to attend to any of the household works of the petitioner. She used to go to the bathroom pretending to have a bath, but she never took bath. When she was questioned about it, she got angry. He also narrates certain incidents on various dates by which she was unable even to wear her saree and she gets provoked unnecessarily without any reason. She even shut the door and refused to open it when her father had come to visit her. She was taken to Medical College Hospital for psychopathic treatment and was administered several drugs. She even tried to commit suicide by jumping into a river near the petitioner's house. She was taken for delivery on 18/11/2004. On 28/11/2004, he found the respondent sleeping along with the brother in law in the same bed. She could not keep herself confined to a separate cot.

(3.) Respondent filed objection admitting the marriage and the birth of the female child. She however denied being mentally ill or suffering from any sort of mental disorder.