AMARNADH PALACHARLA Vs. VENKATALAXMI PALACHARIA

JUDGEMENT

(1.) This Civil Miscellaneous Appeal is filed by the appellant aggrieved by the order dated 12-12-1996 passed in O.P.No.15of 1992 on the file of the Principal Subordinate Judge, Kakinada.

(2.) O.P. No. 15 of 1992 was filed by the husband-appellant, seeking divorce on the ground of insanity (incurable unsoundness of mind) and the same was rejected by the court below. Hence, the present appeal by the appellant-husband. For convenience sake, the parties hereinafter, are referred to as 'husband' and 'wife'

(3.) The spouses are closely related. To be more precise, the husband was the son of the respondent's maternal grandmother's sister before marriage. The spouses knew each other very well before their marriage. Subsequently, marriage was performed and solemnized. Later, husband, after completing his graduation in engineering, went to United States of America and later took his wife also and by that time wife was actually doing her law. After the wife landed in States and joined her husband, it is alleged that the wife was suffering from some mental disorder and she was given treatment for the same. She was put on drugs also in 1988. The husband sent the lady back to India along with his friend, and saw that she was taken custody by her parents. To that extent, the wife was safe. The story subsequently is somewhat interesting. It appears, she allegedly addressed letters to the employer of the husband that he was suffering from mental ailments. As a consequence thereof, the husband lost his employment and came back to India and since then he has remained unemployed. Whereas, the wife completed law course and joined the Bar and started practice at Ramachandrapuram. The husband, after some time filed the present O.P, seeking divorce on the ground that the wife was suffering from unsoundness of mind, as defined under Section 13(1) (iii) of the Hindu Marriage Act, 1955 (for short 'the Act'), which is extracted hereunder for ready reference: "13. Divorce:- (1) Any marriage solemnized, whether before or after the commencement of this Act, may, on a petition presented by eitherthe husband or the wife, be dissolved by a decree of divorce on the ground that the other party, (iii) Has been incurably of unsound mind, or has been suffering continuously or intermittently from mental disorder of such a kind and to such an extent that the petitioner cannot reasonably be expected to live with the respondent."