RENU SINHA Vs. PANDEY VIVEK NATH ROY

JUDGEMENT

(1.) This appeal has been filed Under Section 19 of the Family Courts Act, 1984 against the judgment and decree of divorce dated 17.04.2006 passed by the Principal Judge, Family Court, Ranchi in Matrimonial Title Suit No. 44 of 1999.

(2.) Petition for divorce was filed by the husband Under Section 13(1)(iii) of the Hindu Marriage Act, 1955 which permits divorce on the ground that the Respondent has been either (i) incurably of unsound mind, or (ii) has been suffering continuously or intermittently from mental disorder of such a kind and to such an extent that the Petitioner cannot reasonably be expected to live with the Respondent. The explanation to Section 13(1)(iii) defines "mental disorder" in very wide terms.

(3.) Factually, the case pleaded by the husband, who resides at Mumbai, in the divorce petition was that he was married to the Respondent-wife on 14.05.1998 by way of arranged marriage. According to the husband soon thereafter he discovered the wife suffering from chronic Schizophrenia which manifested itself from time to time resulting in disturbing and wild behavior, including violent behavior, not only towards the husband but also towards her in-laws. According to the husband she was taken for examination to a mental doctor on 16.06.1998 at Ranchi. The name of the doctor was Dr. Durga Bhagat who was examined as P.W.-1. She was again examined by Dr. M. Jalil, a Psychologist, on 20.07.1998. The said Dr. M. Jalil was examined as P.W.-2.