DANESH MADHUKARRAO PAHADE Vs. SMITA DANESH PAHADE

JUDGEMENT

(1.) In this appeal, filed under Sec. 19 of the Family Courts Act, 1984, challenge is to the judgment and decree dtd. 07/11/2008, passed by the learned Judge of the Family Court No.2, Nagpur, whereby the learned Judge of the Family Court dismissed the petition, filed by the appellant against the respondent for divorce on the grounds of cruelty, desertion and mental disorder due to schizophrenia as provided under Sec. 13(1)(i-a)(i-b) and (iii) respectively of the Hindu Marriage Act, 1955.

(2.) The facts leading to this appeal are as follows:

(3.) On 18/6/1994, the respondent was taken to Dr. Bhave and treated by him. Dr. Bhave on examination opined that the respondent was suffering from Schizophrenia. Doctor prescribed the medicines. There was no improvement in the behavior of the respondent. She suffered repeated attacks and became violent. On one such occasion the respondent had slapped their daughter Swaroopa. The daughter Swaroopa became unconscious. There was bleeding from her mouth. The respondent used to mis-behave and mentally torture the appellant. She used to pull his hair and collar. She used to pick quarrel with all family members. The conduct and behavior of the respondent gradually became violent. She had been to the office of the appellant. She mis-behaved with him. She created a scene. She dragged the appellant out of his office. There was no improvement in her conduct and behavior. On one occasion, they had been to Aurangabad to attend the naming ceremony of son of Rohini Pahade. The respondent created a scene at Aurangabad, as well. She quarreled with the appellant and went into the bedroom and locked the door from inside. The appellant realizing the seriousness banged the door and hardly could get entry into the room. He was shocked to see that respondent was eating "Good Night Mosquito Mat ". The conduct of the respondent displayed suicidal tendency as a result of mental sickness.