DEBASISH GHOSH Vs. LUNATIC AVA GHOSH

JUDGEMENT

(1.) This first appeal is at the instance of the husband petitioner and is directed against the judgment and decree dated 20th August, 2003 passed by the learned Additional District Judge, 3rd Court, Nadia in Matrimonial Suit No.235 of 1995 thereby dismissing the application filed by the appellant petitioner under Section 13(1)(iii) of the Hindu Marriage Act (in short H. M. Act) for dissolving the marital tie between the husband petitioner and respondent wife.

(2.) The appellant as the husband petitioner instituted the suit against the respondent wife under Section 13(1)(iii) of the H. M. Act and the facts of the case as disclosed in the plaint may be summarised as follows:

(3.) The petitioner and the respondent were married on 27th January, 1980 according to their Hindu Rites and Customs and the said marriage was solemnised at the house of the father of the respondent. The petitioner and respondent were very happy in their conjugal life during the whole year of 1980 but, from the month of August, 1981 the respondent was found to talk irrelevant and became desperate in her act and conduct and was found to have lost mental balance. The father of the petitioner as well as the local doctors were of the opinion that she would be all right if she becomes mother, and thereafter, the respondent conceived due to the desire of the petitioner and she gave birth of a male child in August, 1982 whose name is Jubin Ghosh. The petitioner brought respondent before Dr. Bijoy Ketu Bose, one of the most eminent doctors and psychiatrist under whom the respondent was a patient of mental disorder from November, 1981 to October, 1983. As there was no improvement of mental disorder of respondent the petitioner brought her before Dr. Gobinda Sen of National Medical College, Calcutta on 19.1.84 and she was under his treatment till 2.9.94 but nothing improved and, she became more adamant in her conduct and behaviour and started throwing utensils, garments and anything within her reach.