AJAY GOKHALE Vs. RANJANA @ ASHWINI GOKHALE

JUDGEMENT

(1.) This First Appeal is directed against the judgment passed by Second Additional Principal Judge, Family Court, Indore in H.M.A. No.340/2008 dated 07.11.2008, wherein, the learned family Court dismissed the application filed by the present appellant under Section 13(1), (Ia) (III) seeking divorce from the respondent on the ground of cruelty and mental illness.

(2.) It was admitted before the family Court that appellant Ajay Gokhale was married to respondent, Ranjana @ Ashwini Gokhale, on 19.04.2008 and a daughter was born out of the marriage on 04.02.1999. It was also admitted that father of the appellant is a senior counsel. Immediately after their marriage, they lived with father of the appellant for sometime, and thereafter, they took flat in Sukh-Sagar Apartment on rent and there they lived up to 2000, and thereafter, they again came back to house of father of the appellant. It was also admitted in 2005 that appellant met with an accident and for sometime, he remain admitted in C.H.L. Appolo Hospital.

(3.) The appellant's case before the family Court was that after two months of marriage, she started behaving in cruel manner and in August, 1998, she started breaking household articles. In August 1999, she started beating their daughter mercilessly when mother of the appellant saved the child. In 1999, the respondent lost her father, and thereafter, her behaviour became so aggressive that she used to threaten the appellant that she would commit suicide and due to her mental condition Dr. Deepak Mansaramani, Dr. Vijay Bodhle and Dr. M.K. Acharya were consulted. Due to her mental illness, many times she became very aggressive, she used abusive language against the present appellant and his family members and also behaved in cruel manner against the child. In December 1999, they were living in Sukh-Sagar Apartment. She locked herself along with her daughter and removed gas tube from the cooking gas cylinder and attempted to commit suicide. The neighbours broken open the door and saved them. On 13.03.2005, she left home without informing anybody and present appellant had to lodge a report of missing person in the police station. On 21.08.2005, she was admitted at Abhinav Nursing Home, as she was suffering from severe depression, and therefore, she was treated by Dr. Ujjawal Sardesai. According to the appellant, due to her mental condition, she can cause harm to the appellant and her family members and also to their daughter. In such conditions, it was not possible to live with the respondent, and therefore, a decree of dissolution of marriage may be passed.