GEORGE JOSEPH Vs. ALPHONSA

JUDGEMENT

(1.) This appeal is at the instance of a Christian husband whose prayer for a decree of nullity of his marriage with the 1st respondent has failed. The appellant contended that the 1st respondent was a lunatic at the time of the marriage and therefore he is entitled to a decree for nullity of his marriage under Sec. 18 of the Indian Divorce Act, 1869 read with Sec. 19. He had also alleged fraud on the part of the respondent in obtaining his consent for the marriage. The petition was dismissed by the learned single Judge holding that the petitioner husband has failed to prove that the 1st respondent was a lunatic at the time of the marriage. The allegation of fraud was also found against him. Aggrieved by the above judgment of the learned single Judge the petitioner husband has filed this appeal.

(2.) The marriage between the petitioner and the 1st respondent was solemnised on 4-9-1995 at St. Thomas Forane Church, Thomapuram as per the rites and ceremonies prevailing in the Syrian Catholic Community. It is alleged in the petition that on the very first day of the marriage itself there was abnormal behaviour on the part of the 1st respondent. At the time of marriage ceremony she was over talkative and was laughing continuously. On the first night after the marriage which they spent at the parental home of the 1st respondent, it is alleged by the petitioner, the 1st respondent refused to have sex with him for the reason that she was having her menstrual period and therefore not doing well. It seems that she was afraid of something in the night. On 5-9-1995 the parties returned to the petitioner's house but they immediately went back to the 1st respondent's parental home, as the 1st respondent expressed fear of something. She said that she has not feeling well and has forgotten to take medicine from her house. She took some medicine on that day and on the next day again returned to the petitioner's house. Thereafter the 1st respondent's father used to come regularly and take her to his house on the pretext that her mother was not well. The petitioner found that the 1st respondent was forgetful in nature. On 8th October, 1995 she returned to the petitioner's house and stayed with him for one week. During this period the petitioner found that the 1st respondent is an insane person. She started talking about inconsistent matters continuously without any reason and was laughing violently while sitting alone. Certain incidents have been narrated in the petition to show her forgetful nature. It is alleged that she told the petitioner that in her family her brother and younger sister are insane persons. She could not sleep during night. She always wanted to sleep with her mother. On 13-10-1995 at about mid-night she started crying and said that she wanted to see her mother immediately. She tried to open the door and run out. So on 14-10-1995 itself the petitioner approached the 1st respondent's father and told him about the unusual incidents. The 1st respondent was then taken her parental home on 17-10-1995 and petitioner, 2nd respondent and 1st respondent's sister together took her to the psychiatry Department of Ashirvad Hospital, Kannur. She was admitted there by Dr. K. Sivaramakrishnan. It is further alleged that at the time of admission the 2nd respondent told the doctor that the 1st respondent's elder brother and younger sister are also insane persons.

(3.) It is alleged that the 1st respondent was discharged from hospital on 20-10-1995 and thereafter she never came to the petitioner's house. During the 16 days when they resided together the marriage has not been consummated because of the abnormal behaviour of the 1st respondent. On 18-1-1996 when the respondent stopped taking medicines, she became ill again and ran away from the house. Later she was admitted in Fr. Muller's Hospital, Mangalore. She continued treatment for ten days there. She was violent again. By taking a knife she tried to stab her father. According to the petitioner, even now she is continuing treatment for insanity.