DARBARA SINGH Vs. SUDARSHAN KAUR

JUDGEMENT

(1.) Darbara Singh appellant and Sudarshan Kaur respondent were married on February 5, 1961. The respondent gave birth to three daughters on January 10, 1962, July 12, 1964 and August 1, 1066. The first two daughters were born at Bassi Pathana where the appellant was employed as a teacher and the third one at Delhi where lived the respondent's parents. On December 7, 1976, the appellant filed a petition for divorce against the respondent alleging that she was suffering from mental disorder of such a kind and to such an extent that he could not reasonably be expected to live with her. She became mentally will in February, 1963. She went to her parents at Delhi for treatment where she was treated at All India Institute of Medical Sciences. Between 1963-1969 she was sometimes treated at Bassi Pathana when she lived with the appellant and sometimes at Delhi. She is continuously living with her parents in Delhi since April, 1969. On many occasions she became receive and violent. Once she tried to burn herself and her child in 1963 in the bed room at Bassi Pathana by sprinkling kerosene oil. She was also seriously irresponsible in her conduct.

(2.) The respondent contested the petition. She averred that the appellant did not feel happy because she had given birth to three daughters. He wanted to marry her younger sister which was not acceptable to her and her family. The appellant started maltreating her She was tortured. She was turned out by the appellant of his house in 1968 and since then she is living with her parents. She denied that she was suffering from mental disorder. She had become mentally upset because of the cruel treatment meted out to her by the appellant.

(3.) The trial Court framed the following issues :