MADHU RANJAN Vs. SHRUTI SHARMA

JUDGEMENT

(1.) THE appeal has been filed by the appellant -husband Madhu Ranjan against the judgment and decree dated 19.02.2004 passed by the learned Additional District Judge, Jagadhari whereby his petition seeking dissolution of the marriage between the parties by a decree of divorce has been dismissed.

(2.) THE marriage between the parties was solemnized at Yamuna Nagar on 19.04.1998 according to Hindu rites and ceremonies. After marriage the parties lived at Karnal. The marriage was consummated. It is stated to be a simple marriage. From the marriage the parties had a son who was born on 09.06.1999. He is residing with the respondent -wife. According to the appellant, he is a young person and working as Deputy Manager in Maruti Udyog Ltd., Gurgaon. He is a simple man and the marriage between the parties was also solemnized in very simple manner. After marriage the parties resided at Karnal and the marriage was consummated. Both it is stated are young and handsome. They were very happy. The appellant loved his wife very dearly. His parents also had great love and affection for the respondent. It is alleged that the appellant had on 21.04.1998 gone to the market at Karnal with his wife (respondent). In the market, the respondent complained that she was not feeling well and wanted to take rest. Therefore, they suddenly returned home. On returning home, the respondent, it is alleged, started behaving in an abnormal manner by taking deep breaths; besides, running in and out of the house for almost two hours. The appellant and his family members were worried and they called a doctor. The respondent, however, after about two hours became normal. During the same night, the parents of the respondent were informed about the incident. They came on the next morning and informed that there was nothing wrong with the respondent and that it was merely on account of change of environment. They represented that every thing would settle down after some time. After meeting them, they returned back. The parties planned to go to Shimla for their honeymoon on 24.04.1998. They took a bus from Karnal to Chandigarh. From Chandigarh, they were to catch a bus for Shimla. During journey in the bus, the respondent, it is alleged all of a sudden started laughing and then weeping. She stood up from her seat and made strange gestures creating a highly awkward and unbearable situation, which was very bad. The parties reached Chandigarh and got down from the bus then instead of proceeding to Shimla, the appellant took her to his friends house namely Harpreet Singh at Mohali where he was residing with his wife Mrs. Neetu. There also the respondent behaved in an abnormal manner. Compelled by the circumstances that had occurred, the parties had to return to Karnal the same night by cancelling their programme for Shimla. The parents of the respondent were again called and they came on the following morning. They again represented that there was nothing wrong with their daughter and it was only due to changed environment. The father of the respondent stated that the respondent had never gone out of the house so she was nervous in their presence. Dr. J.C. Bhatla, a Psychiatrist of Karnal was consulted who advised some counseling and medicines. The parents of the respondent, however, stated that there was no need to consult a doctor or give counseling or medicines. The appellant was employed as Deputy Manager in Maruti Udhyog Ltd. at Gurgaon. The parents of the respondent emphasised that the respondent be taken with him to Gurgaon. Therefore, in the first week of May, 1998, he took her to Gurgaon where they resided at House No. 155, Sector -7, Gurgaon. There also the respondent had occasional fits. She would often run from the house at odd hours and the appellant used to bring her back. She locked herself in the store of the house in the evening on 16.05.1998. She was taken out after 1 1/2 hours with the help of their neighbours who were called. Thereafter the respondent fought with the appellant and tore his shirt and cried for entire night without any reason on 26.05.1998. In the morning she begged pardon for her abnormal behaviour. The parents of the respondent were informed regularly. Initially they were cooperative. However, as things were getting out of control, so the appellant requested for consulting a doctor. This was refused with anger by her parents and they forbade him from going to a doctor. It was with great difficulty that doctors were consulted who advised that such a patient can recover after birth of a child. The respondent was kept under the consultation of Dr. Shobha Nar of Gurgaon and with her treatment the respondent showed some improvement and the appellant felt satisfied. During this period the parents of the respondent cooperated with the appellant and this was the reason that things continued keeping against hope that the respondent would recover. Parents of both sides were very nice and extended cooperation, love and affection in all respects. The parents of the respondent suggested that the younger sister of Shruti (respondent) namely Stuti be married with the younger brother of the appellant namely Neeraj saying that this would go a long way in helping the respondent with her ailment and psychology. The said suggestion was agreed by all. The marriage between Neeraj, the younger brother of the appellant and Stuti, younger sister of the respondent, was solemnized on 19.02.1999. Everyone at home was happy with the marriage.

(3.) IN the circumstances, matrimonial relief of divorce is claimed by the appellant on the ground that the respondent has been incurably of unsound mind and has been suffering continuously or intermittently from mental disorder of such a kind and to such an extent that the appellant could not reasonably be expected to live with the respondent.