BALDEV RAJ Vs. BIMLA

JUDGEMENT

(1.) This appeal is directed against the judgment dated 30.3.1987 rendered in F.A.O. No. 108-M of 1986 filed by respondent Smt. Bimla against the judgment and decree passed by the Additional District Judge, Amritsar for dissolution of the marriage at the instance of the appellant.

(2.) Briefly stated the facts of the case are that the appellant was married to the respondent on 16/17.6.1979 at Jandiala Guru. After about four years of marriage the appellant sought the dissolution of marriage by filing a petition Under Section 13 of the Hindu Marriage Act, 1955 (hereinafter referred to as 'the Act') on the ground that the respondent was of incurably unsound mind. The appellant also alleged that the respondent had been suffering intermittently from mental disorder of such a kind and magnitude that he could not reasonably be expected to live with her. He further alleged that the wife had denied him conjugal society and she used to hurl bricks and other items on which she could lay hards. The appellant also alleged that the respondent had been treated in the mental hospital at Amritsar and by other psychiatrists before the marriage. He got the wife admitted as an indoor patient in mental hospital at Amritsar, where she was given electric shocks but without any tangible result. She continued to be aggressive, violent and unpredictable and beyond control and reasoning.

(3.) On being noticed the respondent denied the allegation that she was of unsound mind or that she had been suffering intermittently from mental disorder of such a kind and magnitude that the petitioner could not reasonably be expected to live with her. All other allegations were denied by the respondent. She also made the counter allegation that failure of her parents to meet with the demands of the husband was the cause for filing of the divorce petition. She also alleged that the petitioner used to harass and torture her.