MAHALINGAM Vs. HEMAMALINI

JUDGEMENT

(1.) The appellant Thiru.Mahalingam got married to the respondent Mrs.Hemamalini on 30.08.2001 at Thanjavur as per Hindu Rites and customs. A girl child was born through the said wedlock on 06.09.2002. According to the appellant, the respondent herein exhibited a strange behaviour right from the inception. The respondent appeared to be suffering from a severe mental illness. Therefore, the respondent was taken to a Psychiatrist by name, Dr.J.Venkatesan. The respondent was given medication. But there was no change in the mental state of the respondent. Therefore, the respondent was taken to NIMHANS, a renowned institution at Bangalore. It was then discovered that the respondent is suffering from "Schizophrenia" and that it is incurable. The appellant realized that the respondent was having such a condition from the beginning and that by suppressing the same, she was given in marriage to him. On 13.09.2005, at about 10.30 p.m., the respondent became very aggressive and severely assaulted the appellant. Left with no other option, the appellant took the respondent and the child to her parents' house and left them there. Since the respondent is having an incurable mental disorder and continued cohabitation with her would cause danger to the life and limb of the appellant, he filed H.M.O.P.No.108 of 2005 before the Principal Subordinate Judge, Thanjavur, seeking dissolution of his marriage with the respondent. He also filed G.O.P.No.124 of 2005, seeking custody of the minor child. The respondent filed H.M.O.P.No.171 of 2007 before the very same Court seeking restitution of conjugal rights.

(2.) All the three petitions were tried together. The appellant examined himself as P.W.1. His mother was examined as P.W. Dr.J.Venkatesan, Psychiatrist, who treated the respondent was examined as P.W.4. Exhibits P.1 to P.12 were marked. On the side of the respondent, the respondent examined herself and her mother as R.W.1 and R.W. Exhibits R.1 to R.7 were marked on the side of the respondent.

(3.) The learned trial Judge by a common order dated 27.04.2010, dismissed the petitions filed by the appellant herein and allowed the petition filed by the respondent herein. Aggrieved by the same, the appellant herein filed C.M.A.Nos.19 and 20 of 2010 before the learned I Additional Sessions Judge(P.C.R.), Thanjavur. The first appellate Court dismissed both the appeals by order dated 11.02011. Challenging the same, these two appeals have been filed.