RADHAMONY AMMA Vs. GOPINATHAN PILLAI

JUDGEMENT

(1.) The application of the respondent under S.13 of The Hindu Marriage Act, 1955 seeking dissolution of his marriage with the appellant by a decree of divorce, stands allowed by the order under attack.

(2.) Facts pleaded by the respondent in the petition briefly stated are: The respondent married the appellant on 16-1-1984. On the same day the respondent took the appellant to his house. There in his house, the appellant 'behaved like a mad woman, making the petitioner (respondent) quite upset, causing much worry and mental pain to him'. The respondent therefore was constrained to enquire into this peculiar behaviour of the appellant. The enquiry revealed that the appellant was a lunatic and she had been under treatment for lunacy for several years. She was thereupon taken to a Psychiatrist who certified that she was suffering from an incurable mental disease. The pleading is concluded thus:

(3.) From the pleadings in the petition, it is clear that the petition is one filed under the first limb of clause (iii) of sub-section 1 of S.13 of The Hindu Marriage Act.