SAMPA KARMAKAR Vs. SANJIB KARMAKAR

JUDGEMENT

(1.) The instant appeal is by the wife impugning the decree for dissolution of her marriage with the respondent vide the judgment and order dated 18.6.2004 rendered by the learned District Judge, Dhubri in Title Suit (D) Case No. 39/ 2002.

(2.) We have heard Mr. N. Choudhury, learned counsel for the appellant and Mr. D. Mazumdar, learned counsel for the respondent assisted by Ms. T. Sakia, Advocate.

(3.) The pleadings of the parties would necessarily have to be briefly traversed to comprehend the necessary facts for better appreciation of the rival submissions. The parties were married on 11.6.2000 at the residence of the appellant at Dhubri according to Hindu rites and rituals. They thereafter resided for a few days at the village residence of the respondent and then shifted to a rented house at Garigaon, Guwahati and eventually to an accommodation in the Gauhati University campus at Jalukbari. The respondent incidentally is a Scientific Officer of the Gauhati University (for short, hereinafter referred to as 'the University'). According to the respondent (petitioner in the divorce proceeding), he gradually observed abnormal and disagreeable conduct, behaviour and attitude of the appellant and the rising intensity thereof was of such a magnitude that it cast an impression on him that it would no longer be possible to reside with the appellant. According to him, though this was brought to the notice of the appellant's parents, no step was taken to remedy the situation and that thereafter being without any alternative he took her to Dr. Jayanta Das, a Psychiatrist from Guwahati for treatment on 21.12.2000. The doctor after examining the appellant referred her to Dr. Mrs. N. Borgohain of GNRC for psycho-diagnostic evaluation. The respondent pleaded that her examination by the aforenamed doctor revealed that she was suffering from Paranoid Schizophrenia. As advised by Dr. Mrs. N. Borgohain, the respondent then took the appellant to Dr. Jayanta Das for consultation who, in turn, referred them to Dr. Dipali Dutta, Head of the Department of Psychiatry and Principal, Guwahati Medical College. Dr. Jayanta Das also advised that the appellant should remain under his treatment for at least few days and though she co-operated for some time, she refused to do so subsequent thereto and also stopped taking medicines.