T R RAJAGOPALAN Vs. USHA RAJAGOPALAN

JUDGEMENT

(1.) THE husband who obtained a decree for divorce in M.O.P.No.167 of 1983 on the file of VI Assistant Judge, City Civil Court, Madras under Sec.l3(l)(iii), Hindu Marriage Act and lost before the lower appellate Court in C.A.No.153 of 1987 on the file of the XI Additional Judge, City Civil Court, Madras, has filed the present Second Appeal before this Court.

(2.) THE case of the appellant as seen from the petition filed by him before the trial Court is briefly stated hereunder: THE petitioner (husband) and the respondent (wife) were married on 14.5.1967 at Sirkazhi. THE respondent was very aggressive and at times violent, both with the petitioner and the members of his family, and the attitude of the respondent increased day by day causing embarrassing to the petitioner and the members of his family. THE petitioner came to know that the respondent had attack of epilepsy and was not of sound mind even at the time of her marriage. THE petitioner lived with the respondent inspite. of the abovesaid disease and she had given birth to a still born child on 7. 11.1973. THEreafter the life of the petitioner had become hell. THE respondent will loose her mental balance and will also run away from the abusing and threatening the people of the time of such attack. THE petitioner was informed that giving birth to a child may cure her disease and, therefore, the petitioner managed to live with her. THE respondent gave birth to a female child Selvi Deepa on 10.11.1977. Even after the birth of the female child, the unsound mind or disorderly mind of the petitioner did not improve. THE respondent had severe attack of epilepsy followed by phychomotor effects on 14.4.1978 and became very violent, aggressive and abusive. THE respondent had also attack of fits and also lost her mental equilibrium. THE respondent was taken to Dr.Gnanaseelan and he diagnosed the disease as mental disorder due to epileptic attack. She was also given treatment by 11 other imminent factors. THE petitioner has to protect the respondent from destroying herself and destroying the others, at the time of attack of fits. In fact the respondent has at-tempted to commit suicide by-taking 20 guardinal tablets, leaving a suicide note in Madras in petitioner's mother's residence since she had a severe attack of epilepsy followed by psychomotor on the night of 14.1.1982. THE respondent was kept at her sister's house at Madras and after discharging her from hospital she was sent along with the brother of the petitioner. THE petitioner and the respondent resided from 12.1.1982to 15.1.1982 at the residence of his mother in T.Nagar, Madras. It is the further case of the petitioner that he cannot live with the respondent since she is suffering from unrecoverable mental disorder followed by psychomotor from 1978 onwards, THE petitioner has been sending a sum of Rs.150 per month for the maintenance of the respondent. With these averments, the petitioner prayed for a decree for dissolution of the marriage.

(3.) THE petitioner examined himself as P. W. 1 and one Dr.Ramani was examined as P.W.2. THE petitioner has also marked Exhibits A.1 to A.38 in support of his contention. Likewise the respondent (wife) was examined as R.W.1 and her father was examined as R.W.2. She also marked Exhibits B.l to B.16 in support of her defence. Learned VI Assistant City Civil Judge, on the basis of the oral and documentary evidence, after holding that the petitioner has proved his case, allowed the petition and granted decree for divorce.