RITA ROY Vs. SITESH CHANDRA BHADRA ROY

JUDGEMENT

(1.) The husband has filed the present suit for divorce. The case is that on the 4th Dec., 1969, he was married to the respondent, Kita Roy, according to Hindu rites. The marriage was consummated. After the marriage she showed signs of abnormality. On the 8th Dec., 1970, a daughter was born out of the wedlock. Once she attempted to commit suicide. After observing her abnormal mental condition, he had her examined in the Mental Observation Ward, Bhowani-pore, in Jan./Feb., 1970. She was also under the treatment of one Dr. Gobinda Sen. In 1973, she was examined by doctor, Subsequently, she was admitted to Gobra Mental Hospital for treatment. From Jan., 1973, the respondent became incurably of unsound mind and has been suffering intermittently from mental disorder of such kind and to such an extent that she cannot safely and reasonably be expected to live with the petitioner.

(2.) The respondent filed written statement denying the material allegations made by the husband. Her case is that before the marriage she had passed the Higher Secondary Examination. She had been treated with cruelty after she gave birth to the daughter. In Jan., 1973, she was in a family way. A forced abortion was made and the same told upon her health heavily. She had to go to Gobra Mental Hospital for treatment. After treatment for a short period, she was declared fit.

(3.) The learned Additional District Judge has believed the petitioner's version, found that the wife has been intermittently suffering from mental disorder which includes schizophrenia and her mental disorder is of such kind and to such an extent that the husband cannot reasonably be expected to live with her, The suit was decreed. The wife has preferred the present appeal.