REKHA Vs. RAVINDRA KUMAR

JUDGEMENT

(1.) THE appeal is directed against the judgment and decree dated 28.2.86 of Vth Additional Judge to the Court of District Judge, Indore passed in case No. 56/78 under Hindu Marriage Act, whereby a decree of divorce under Section 13(1)(iii) of the Act, has been granted against the appellant -wife.

(2.) THE undisputed facts of the case are that the parties (appellant and respondent) were married according to the Hindu rites on 20th February'77. They lived together as husband and wife and a female child was born to appellant -wife on 9.1.78 out of their conjugal relations. During her pregnancy the appellant was treated by Dr. Dhodapkar. Thereafter, she was taken to hospital at Vellore on 27.7.78. She remained in the hospital upto 17.9.78. The petition for divorce has been filed on 6.11.78. Accepting the contention of the husband -respondent a decree as above has been passed. This appeal was filed on 9.4.86. The respondent made appearance on 22.8.86.

(3.) THE non -petitioner -wife (appellant here) accepted the treatment having been given by Dr. Dhodapkar and her treatment at Vellore, but denied the contention of the petitioner so far as her suffering from mental disorder from Schizophrenia is concerned. It was further pleaded by and on behalf of the wife, non -petitioner that during the pregnancy her behaviour became slightly abnormal. Her husband (petitioner) was living at other station, because of his service and was visiting her during weak ends and vacations. She was living with her in -laws and their behaviour including the behaviour of sister -in -law was not good towards her. They were passing surcasting remarks and teasing her. This caused irritation in her mind. It was further contended during evidence that she has obtained degree of B.Ed. as regular student of college at Hoshangabad and she is taking tutorial classes and coaching students. It has also been pleaded that after being treated at Vellore and after her return to her paternal house she has improved and recovered completely and she is of sound mind.