KOLLAM CHANDRASEKHAR DR Vs. KOLLAM PADMALATHA

JUDGEMENT

(1.) The petitioners in both the transfer applications being wife and husband are seeking transfer of the case of the other spouse to the file of the Court where the case filed by them is pending. They can be disposed of by a common order. Before considering their request, the factual background of this case has to be looked into.

(2.) Both the parties are doctors and they were married in the year 1995 at Kakinada and during the wedlock the petitioner in Tr.CMP No.69/1999 gave birth to a female child and she is aged about three years. It is seen that the marriage is not a happy one and the petitioner in Tr.CMP No.94/1999 i.e., the husband wants to get rid of the wife by contending that his wife is suffering from Schizophrenia. While the husband filed O.P. No.285 of 1998 on the file of the Family Court, Secunderabad, seeking divorce on the ground that his wife is suffering from Schizophrenia under Section 13 of the Hindu Marriage Act, the wife filed O.P. No.1 of 1999 on the file of the I Additional Senior Civil Judge, Kakinada for restitution of conjugal rights under Section 9 of the Hindu Marriage Act.

(3.) Now, both the parties filed transfer applications seeking transfer of the case filed by the other spouse to the Court in which the case filed by them is pending. When both the matters came up before me, keeping the fact that both of them are doctors, this Court made every effort to save the marriage and tried to find out the seriousness of the disease suffered by the wife by subjecting her to the medical examination, both in the Institute of Mental Health, Govt. Hospital for Mental Care, Hyderabad, and also in National Institute of Mental Health & Neuro Sciences, Bangalore, a deemed University. While the Doctors of Govt. Hospital, Hyderabad, opined that Dr, Padmalatha is suffering from the disease, they have categorically stated that it is a treatable disorder in the following words: