T HARI KUMAR NAIDU Vs. PRAMEELA

JUDGEMENT

(1.) The appellant and the respondent are the husband and wife. The marriage between them was held on 10-3-1989 according to the Hindu rites and customs and they lived together as husband and wife at their permanent residence at Bansilalpet, Secunderabad. During the wedlock they begot two children namely Vikram and another child who were aged about 21/2 years and 4 months respectively at the time of filing of the above O.P. It is alleged by the appellant that the respondent-wife, who was suffering from mental disorder and attempted to commit suicide, and has not shown any interest though he made all endeavours to lead the happy married life. Her acts and behaviour, it is stated, are dangerous both to the appellant and the children and there is no safety as the respondent is suffering from Schizophrenia.

(2.) The appellant-husband, therefore, filed O.P. No. 75 of 1991 before the III Additional Judge, City Civil Court, Hyderabad at Secunderabad under Section 13(1)(iii) of the Hindu Marriage Act seeking divorce on the ground that the respondent-wife was suffering from Schizophrenia-mental disorder.

(3.) The respondent filed a counter-affidavit denying the allegations that she was suffering from Schizophrenia. It is stated that she has spent happy married life with the appellant at Karimnagar and that she is hale and healthy. She further stated that when she was pregnant for second time in the month of November, 1990, she was compelled to leave the marital home at Karimnagar apprehending danger to her life and she sent her brother Rajendrakumar to bring minor child Vikram. It is stated that she is ready to lead the marital life subject to the assurance of safety to herself and her children.On the above pleadings both the parties have adduced both oral and documentary evidence.To substantiate the plea of mental disorder viz., Schizophrenia, the appellant examined himself as P.W. 1, besides examining P.W. 2 - mother of the appellant, P.W. 3 maid servant in the house of the appellant, and P.W. 4 - Dr. K. Chandra Sekhar, Psychiatrist (examined through Commissioner) and marked Exs. A-1 to A-4. Under Ex. A-1 dated 19-2-1990, the respondent-wife under her own handwriting gave her family history on the letter head of the appellant. Ex. A-2 is a legal notice dated 2-6-1991 issued by the appellant to the respondent, Ex. A-3 is wedding invitation of the parties and Ex. A-4 is a letter dated 21-11-1990 written by the respondent to the petitioner.