MANJIRI Vs. NIHAR

JUDGEMENT

(1.) BY this Family Court Appeal, the appellant -wife challenges the judgment of the Family Court, dated 15.05.2013, allowing the Hindu Marriage Petition filed by the respondent -Husband and dissolving the marriage solemnized between the parties on 27.11.2009 by a decree of divorce. The respondent - Husband has filed the Cross Objection challenging the finding of the Family Court that the Husband had been unsuccessful in proving that the wife suffered from mental illness.

(2.) THE marriage between the appellant - wife and the respondent -husband (hereinafter referred to as the wife and husband respectively for the sake of convenience) was solemnized on 27.11.2009 at Nagpur, according to Hindu rites and customs. The husband was involved in the business of Fabrication and Engineering at Kanker. In the Hindu Marriage Petition filed by the husband for a decree of divorce, it was pleaded that after the parties started residing in the matrimonial home, the husband realized that the wife had myopic vision to the extent of 8.5 diopters in the left eye and 7.5 diopters in the right eye. It is pleaded that the said fact was not disclosed by the wife or her parents to the parents of the husband or the husband, though they knew about the condition of the husband that he did not wish to marry a girl with myopic vision. It is pleaded that the wife started picking up quarrels with the husband after the marriage without any rhyme or reason and avoided to do the daily chores. It is pleaded that on 22.12.2009, the wife picked up quarrel with the husband, started twisting her fingers and biting the nails abnormally. It is pleaded that after the wife threatened the husband that she would leave the matrimonial home, she opened her suitcase, threw all the clothes and garments in the house, left the house and sat in the four wheeler brought by her father. It is pleaded that the father of the husband and the father of the wife tried to persuade the wife but the drama went on for about four hours. It is pleaded that the husband realized that the wife urinated in her clothes in the corridor of the hotel where the parties had gone for their honeymoon. It is pleaded that the husband found that the wife was secretly taking some pills for curing the ailment. It is pleaded that after passage of time, the husband became aware that the wife did not have control over her bladder and motions as a result of which some untoward incidents happened. It is pleaded that on 04.01.2010, the parties went to Kanker but at Kanker also the wife was not willing to do the domestic work. It is pleaded that wife used to roam in the bed room without wearing clothes even during the day time, and the said scene was witnessed by the husband as well as the maid servants. It is pleaded that in the month of March, the wife picked up the scissors and threatened the husband and his parents that she would commit suicide by stabbing herself. It is pleaded that though the wife was informed by the Gynecologist, not to climb the stairs and not to lift heavy objects as she was pregnant, the wife behaved abnormally and used to lift heavy objects. It is pleaded that the wife also punched her stomach with fists and stated that she did not want to bear the child. It is pleaded that the wife was taken by the husband and his parents to a Psychiatrist. It is pleaded that the husband was then informed by the parents of the wife that the wife had taken the treatment of Psychiatrist Dr. Avinash Joshi. It is pleaded that the wife was not taking tablets prescribed by the Psychiatrist though she was reminded of the same by the husband. It is pleaded that the husband had taken the wife to Dr. Sudhir Bhave, a Psychiatrist, on 08.12.2010, who in turn referred her to Smt. Anupama Gadkari for her Intelligence Quotient (IQ) test (Psychological assessment). It is pleaded that the two Doctors informed the husband that despite administering the medicines to the wife, there was no development and her diminished IQ, could not be cured. It is pleaded that the husband was also informed by Dr. Joshi that the mental disorder of the wife was incurable. It is pleaded that when the husband informed the wife about his decision in regard to separation, the wife and his in -laws threatened and warned him that criminal complaints and cases would be filed against him. On the aforesaid pleadings, the husband sought a decree of divorce on the ground of cruelty and unsoundness of mind of the wife.

(3.) ON the aforesaid pleadings of the parties, the Family Court framed the issues. The husband examined himself and also examined his father and the Psychologist and the Psychiatrist. The wife examined herself and closed the evidence on her side. On an appreciation of the evidence on record, the Family Court, by the judgment dated 15.05.2013, allowed the Hindu Marriage Petition filed by the husband and dissolved the marriage on the ground of cruelty. The Family Court held that the husband had been unsuccessful in proving that the wife suffered from mental disorder of the nature, as specified in Section 13(1)(iii) of the Hindu Marriage Act. The wife has filed the appeal against the judgment and decree of divorce whereas the husband has filed a Cross Objection against the finding that the husband had failed to prove that the wife suffered from mental disorder.