USHA GUPTA Vs. SANTOSH KUMAR PAHADIYA

JUDGEMENT

(1.) A marriage which was solemnised in the year 1982 is sought to be dissolved by a decree of divorce. The ground on which this application is founded is that the present appellant has been of incurably unsound mind and has been suffering continuously from mental disorder of such a kind that the respondent husband cannot live with the appellant. Even though, out of this wedlock two children were born, the plea has been taken that the appellant was suffering from mental disorders from the very first day of the married life. A decree of divorce has in fact been passed by the Seventh Additional Judge to the Court of District Judge, Gwalior. It is against this decree, the present appeal has been preferred. The brief facts are as under :

(2.) THE petition seeking divorce is based on the ground enumerated in Section 13 (l) (iii ). According to the respondent/husband, the wife has been suffering from such mental disorders which are not curable in nature. It is stated that the behaviour of the appellant was not normal from the very first day. It is alleged that once the appellant started speaking then she would keep on speaking. During this period she would also start shrieking, dancing and even singing songs. In the petition it was stated that the normal sense of respect was not a matter of concern for her. It is stated that the appellant wife stayed with the respondent-husband for some time and went thereafter to her parental house in March, 1982. On account of her abnormal behaviour she was taken for treatment at Gwalior. She was treated at the clinic of one Dr. Kale. It is stated that this treatment led to no improvement. Another Dr. Smt. Malhotra also treated the appellant. There was again no improvement. Electric shocks were also administered to her. It is stated that in spite of all this there was no improvement in the mental condition of the appellant. On the other hand there was further deterioration. It is elaborated in the petition that the appellant would not stay inside the house. She would run towards the road. Household goods were scattered by her. She would break her bangles and even remove her Sindoor (Vermilion ). In the application there is a suggestion that there was some improvement on account of the treatment and she was taken to her parental house. She came to live with the respondent-husband again in the year 1984 but her mental condition was no better. She would either keep quiet for hours or keep on speaking of her own, this she did even when she was alone. It is in August, 1985 the respondent-husband formed a belief that the state of affairs is such which could not be improved upon. According to the husband, the appellant would call him 'kalua' and 'joker'. She continued with her behaviour of running out of the house. It is stated that once she entered the toilet and was seen washing her face with flush water. It is also stated that on another occasion the appellant caught hold of her son and wanted to throw him from the first floor. She was prevented from doing so. Another incident which is being mentioned is that in the year 1985 on the occasion of Janamashthami the Prasad meant for offering to the deity was taken by her before it could be offered to the gathering. This she did as she thought that supernatural power stands bestowed on her. She was again under treatment. Electric shocks were also administered to her. It is stated that in the year 1986 the father of the appellant took her to his house for treatment. There was no improvement. The appellant came to the house of the respondent at Dabra in 1987. She climbed over the roof and made an attempt to jump from the roof. She was taken for treatment at Gwalior and thereafter she went to her parental house along with the children. It is on the basis of the above facts, as noticed above, a petition was preferred under Section 13 (1) (iii) of the Hindu Marriage Act, 1956 (hereafter referred to as the Act' ). It is stated that the appellant is not upholding the traditions, which she is supposed to uphold as a married woman. Her conduct is not normal. An apprehension has been expressed that there is every possibility that she may either injure herself or may cause bodily injury to the person of the respondent or her children. It was, accordingly, pleaded that the husband should be granted a decree and the marriage be dissolved.

(3.) THE case of the appellant-wife be noticed. According to her, various assertions made in the petition, are without any foundation. It is stated that they lived together in a cordial manner. The fact that two children were born out of the wedlock has been highlighted. The appellant states that she has not been remiss in the matter of performing matrimonial duties. According to her when she went for the first time to her husband house, a very unusual incident took place. Some gold ornaments belonging to some ladies of her husband's family were lost. As a result of which, a search was conducted. Even the belongings and the baggage containing items of the appellant were not spared. She was also accused by the family members. It was suggested that she has brought bad luck to the family. This according to the appellant did disturb her because such an insinuation on the very first day of the married life would upset any normal person. According to her she never expected this treatment on the very first day. According to her, she suffered a shock but has recovered and has been performing matrimonial duties. She has highlighted that she has passed B. A. Final as private candidate after marriage. She has been looking after her children and they have been given proper education. As noticed above a daughter was born in April, 1984 and the younger child a son was born in 1985. These two children are with the appellant. She states that there is some improvement in financial status of the husband and he wants to marry second time. The petition for divorce according to her is ill-founded and the Court below has not properly appreciated the factual position.