BHUPINDER SINGH Vs. HARBANS KAUR

JUDGEMENT

(1.) This is a husband's appeal from the judgment and decree of Additional District Judge, Chandigarh, dated April 29, 1978, dismissing his petition for dissolution of marriage under section 13 (l)(iii) of the Hindu Marriage Act.

(2.) The parties were married at Chandigarh on September 23, 1966, Harbans Kaur respondent gave birth to first daughter on August 29, 1967 and second daughter on May 25, 1971. On July 26, 1976, the appellant presented the petition under section 13(1)(iii) of the Hindu Marriage Act, 1955 , as amended by Act No. 68 of 1976, (hereinafter the Act) for a decree of divorce by dissolution of the marriage alleging that the respondent has been suffering intermittently from the mental disorder of schizophrenia. The appellant amended his petition on July 30, 1977, adding that the mental disorder of the respondent was of such a kind and to such an extent that he could not reasonably be expected to live with her. The trial Court framed the following issue : Whether the respondent has been suffering Intermittently from mental disorder of such a kind and to such an extent that the petitioner cannot reasonably he expected to live with her ? The trial Judge found that the respondent is suffering intermittently from mental disorder of schizophrenia, but it is not of such a kind and to such an extent that the appellant cannot reasonably be expected to live with her. The issue thus having been found against the appellant, his petition was dismissed vide order dated April 29, 1978. It is against this order that the present appeal is directed. Section 13(1)(iii) of the Act reads :-

(3.) The appellant has produced medical evidence to prove that the respondent is suffering from intermittent schizophrenia P. W Dr. R. L. Narang is Head of Psychiatry Department, Daya Nand Medical College and Hospital, Ludhiana. He stated that the respondent had remained under his treatment intermittently since about 1971/72 She was diagnosed to he a patient of schizophrenia. She used to be violent, abusive and excited at the time of her medical examination by him. She used to he brought to him in that condition. She responded to the treatment but temporarily. The disease of schizophrenia is not curable. He examined her last on July 12, 1976. He recommended her admission to the Mental Hospital because of her aggressive behaviour and her refusal to take medicines. He expressed his inability to specify the dates on which he medically examined the respondent. P. W. Dr. Gurmukh Singh is a Specialist in Psychiatry. He stated that the respondent remained under his treatment during June or July, 1971. He examined her at the house of the appellant. He had been taken to the appellant's house by Bakshi Pritam Singh (father of the appellant). The respondent was in an excited state of min and her hair were dishevelled when he examined her. She used abusive language and was aggressive and could not be controlled. He gave her electric shock treatment on two or three occasions for controlling her actions. He diagnosed her trouble as Paranoid schizophrenia. She was not co-operative. He advised better expert treatment at P.G.I. Chandigarh. He added that he did not maintain any record of the medical treatment given by him to the respondent nor the record of fee charged by him. He recollected about the case when Bakshi Pritam Singh contacted him after he had received summons from the Court. P. W. Major S K. Roy is a Homoeopath at Delhi. He stated that he started treatment of the respondent in February, 1967, and continued the same till December, 1973. He again started her treatment in October, 1975, and continued it till January, 1976. He diagnosed her trouble as delusion, sadness, depression and violent anger upon contradictions. She used to pick up some stick and strike it on floor with threat to beat others. She, however, did not beat anybody in his presence. While under delusion, she said sometimes that she was the Princess of Japan or the daughter of Major General. He produced Exhibits P. 7 to P. 14 on which he recorded the history of the respondent on various dates. He did not maintain any record about her treatment. P. W. Dr. Gulshan Nakra is a Medical Practitioner at Ludhiana. He stated that the parties were known to him. He started treatment of the respondent in 1972. She was otherwise under the regular treatment of Dr. Narang. He was called from time to time for his advice and for controlling her abnormal behaviour. He was called for her medical examination in July, 1976. He found her violent and she used abusive language She refused to take treatment from him. P. H . Dr. N. N. Vig is Professor and Head of the Psychiatry Department, P.G.I., Chandigarh. He stated that he examined he respondent during the period 1971 to 1973. He diagnosed the disease schizo-effective schizophrenia. The respondent was very much disturbed a July, 1971. She improved by September, 1971. In April, 1972, he noticed that she was more or less normal and had no marks of symptoms. Be as not in a position to say whether the illness of the respondent would Continue or she would recover, but on the basis of his observations, he was not in favour of the first course. He did not get a chance to treat the respondent after 1973.