RANESHWARI GUPTA Vs. RAM NARAYAN GUPTA

JUDGEMENT

(1.) THIS is a First Appeal by the defendant-appellant against the judgment and decree dated 31st July, 1984, of the learned II Addl. District Judge, Jhansi, decreeing the suit of the plaintiff-respondent for dissolution of his marriage with the appellant by a decree of divorce.

(2.) THE plaintiff filed a suit on 14-7-1983 with the allegations that his marriage was solemnized with the defendant on 17-6-79 with Hindu and customary rites at Jhansi ; that a female child was born from their wed-lock about two years before, but she expired soon after the birth; that the defendant was suffering from mental disorder from before the marriage, but that fact was concealed by her parents ; that due to the mental disorder of the defendant, it cannot reasonably be expected of the plaintiff to live with her ; that the defendant did not respond to the treatment given by several doctors ; that the doctor certified that the defendant has been suffering from schizophrenia ; that she is dangerous to herself and to others ; that the doctor advised the plaintiff to keep the defendant in a mental asylum ; that due to schizophrenia the defendant used abusive language and her treatment is cruel as against the plaintiff and the members of his family ; that the defendant lodged a false report on 1st July, 1983, at the Police Station that she had been beaten by the son of her elder sister-in-law ; that on 1st July, 1983, the defendant gave the beating to the two sisters of the plaintiff, namely, Bharti and Alka, who were medically examined for the injuries caused to them and that in these circumstances, dissolution of the plaintiff's marriage with the defendant has become necessary.

(3.) THE learned trial court accepted the case of the plaintiff that the defendant has been suffering from schizophrenia and that her treatment with the plaintiff and the members of his family becomes cruel during the attack of schizophrenia. He, therefore, granted a decree of divorce.