ASHA Vs. PRADEEP SHELLY

JUDGEMENT

(1.) This Original Petition under Sections 10, 19 and 22 of the Indian Divorce Act, 1969 is at the instance of wife for declaring the marriage celebrated on 1st Oct., 1981 between herself and the respondent as null and void and in the alternative, for the dissolution of the said marriage.

(2.) The averments in the petition may be briefly stated: The petitioner professes the Christian religion and she is a member of the Methodist Church and the respondent husband is a Protestant Christian. The marriage between the petitioner and the respondent was celebrated on 1st Oct., 1981 in the Methodist Centenary Church at Hyderabad. The mental condition of the respondent was that of a lunatic which was controlled by drugs at the time of marriage and thereafter it revived. The consent of the petitioner for the marriage was obtained by fraud. The Marriage was an arranged one and the respondent and his mother, in the course of negotiations for the marriage proposals, intentionally and fraudulenty suppressed the mental condition of the respondent and represented that he had a balanced mind. Subsequent to the marriage the petitioner was subjected to cruelty by the respondent by insulting her, abusing in filthy language and also doubting her moral character and in consequence of the same, the health of the petitioner was very much impaired. Further the respondent is also guilty of sodomy. The marriage proposal was initiated by the respondent and his mother Mrs. S. John Sarma. At the concluding talks regarding the marriage at the house of the petitioner's paternal uncle, the mother of the respondent stated that the respondent was well educated and employed and he has pleasing and balanced. The petitioner or her parents had no reason to doubt the statements of the respondent and his mother and however, to the knowledge of both the respondent and his mother, the mental condition of the respondent before the marriage was that of lunacy. The petitioner, after the marriage, learnt that the respondent was in the habit of taking 'ganza' together with Dexedrine since the school days. He has been a drug-addict for many years and under went the electric shock treatment twice and the advice of the psychistrist was that the marriage would stabilise him. In these circumstances, the representations of the respondent and his mother were not true and as such, the consent of the petitioner to the marriage was not real but obtained by fraud. Within a few days of the marriage, the petitioner noticed that the behaviour of the respondent was abnormal and he had frequent moody depressions. His talk at times was incoherent, rumbling and in utter con- fusion. He frequently used harsh language and abused the petitioner and also openly exhibited about the moral character of the petitioner and his apprehension about the fidility of the petitioner caused great tension on the mind of the petitioner. Some times, he openly declared that he renounced Christian faith. The petitioner is a Master of Arts in English Literature and till her marriage, she was a lecturer in English at Akkamhadevi College, Bidar. The petitioner initially could not realise that the respondent was subject to sexual inversions during the two nights. In the 1st week of Jan., 1982 the respondent had carpel copulation with her mouth and she found this most revolting and when the petitioner protested about this unnatural phenomenon, the respondent said that this was permissible in married life and the petitioner was very such disgusted. As the respondent was found in fits of anger, the petitioner found it unsafe to resist or to inform any one about this on those days. But however, when this was repeated on 8th Jan., 1982, she should not tolerate and petitioner could not live any longer with the respondent. Thereupon, the petitioner left the house of the respondent and returned to her parents home in Bidar on 9th Jan., 1932 accompanied by her paternal uncle Mr. John. There was no cohabitation with the respondent after 8th Jan., 1982. It was learnt that after the petitioner left the house, the respondent was again in depressions. on or about 18-2-1982 and he was taken to a private nursing home in Secunderabad for treatment and during the stay in the hospital, he suddenly turned violent and assaulted the Doctor and' other employees in the hospital. In view of this disturbance, the police removed him in their van to the Government Mental Hospital, Yarragadda, Hyderabad, where he was detained for observation from 13.2-82 to 5-3-82. A few days later, about 18-3-1932, the respondent was shifted to the Mental Health Centre at Vellore where he has undergone treatment for Paranoid behaviour, a bulligerent form of Schizophreniz or lunacy. In view of the having experience, the petitioner was very much obsessed after her return to Bidar and she fell severely ill and experienced pain in her abdominal region. Thereupon, the petitioner has been to the Goodnews Hospital at Bidar for medical check up and it was found that she wag on the verge of abortion and she had abortion thereafter, desoits medical help. The mother of the respondent in the letter written by her subsequently to the petitioner and her parents admitted the back ground of the preceding mental condition of the respondent and the consequent behaviour of the respondent.

(3.) At the outset, it must be stated that this petition was filed intially before the Court of the Chief Judge City Civil Court, Hyderabad and the respondent also appeared. But, the petition was not entertained by the Chief Judge, City Civil Court on the ground that the petition has to be filed before the High Court as the petition is filed for a declaration that the marriage is null and void under Sec. 19 of the Indian Divorce Act. Thereupon, the petition is filed in this Court.