Judgment

P. Sathasivam, J.

1) Leave granted.

2) This appeal is directed against the final judgment and order dated 06.08.2009 passed by the High Court of Punjab & Haryana at Chandigarh in FAO No. M-123 of 2006 whereby the High Court allowed the appeal filed by the respondent herein and set aside the judgment and decree dated 29.04.2006 passed by the Additional District Judge(Ad-hoc)- cum-Presiding Officer, Fast Track Court, Ropar filed under Section 13 of the Hindu Marriage Act, 1955 (in short `the Act').

3) Brief facts:

(a) The marriage of Pankaj Mahajan-appellant husband and Dimple @ Kajal, respondent-wife, was solemnized on 02.10.2000 at Amritsar. After the marriage, the parties cohabited and resided together as husband and wife at Amritsar in the parents' house of the appellant-husband, but later on shifted to a rented house in Tilak Nagar, Shivala Road, Amritsar. On 11.07.2001, a female child was born, who is now in the custody of the respondent-wife.

(b) After the marriage, the appellant-husband found that the respondent-wife was acting in very abnormal manner, as she used to abruptly get very aggressive, hostile and suspicious in nature. In a fit of anger, she used to give threats that she would bring an end to her life by committing suicide and involve the appellant-husband and his family members in a criminal case, unless she was provided a separate residence. On one occasion, she attempted to commit suicide by jumping from the terrace but was saved because of timely intervention of the appellant-husband.

(c) Succumbing to the pressure of the respondent-wife, the appellant-husband shifted to a rented house on 28.11.2001 at a monthly rent of Rs.3,200/-and started living with her, but the behaviour of the respondent-wife became more aggressive and she repeated threats of suicide even in the rented house. On enquiry, the appellant-husband came to know that the respondent-wife was suffering from acute mental depression coupled with schizophrenia even prior to the marriage and was taking treatment for the same. The appellant-husband hoping that the respondent-wife would become alright took her to various doctors, but her mental condition did not improve and she became more and more violent and aggressive. She insulted and humiliated the appellant-husband in front of his colleagues and relatives several times and even on one occasion she pushed the appellant-husband from the staircase causing fracture in his right forearm.

(d) On 23.03.2002, the appellant-husband wrote a letter to his mother-in-law stating therein that the respondent-wife was repeatedly threatening to commit suicide and even on 19.04.2002, he wrote a letter to the SSP, Amritsar regarding the factum of repeated threats to commit suicide given by the respondent-wife. On 24.05.2002, the appellant-husband filed a petition under Section 13 of the Act in the District Court at Amritsar for dissolution of marriage by a decree of divorce. By order dated 29.04.2006, the Additional District Judge, Ropar, granted a decree of divorce in favour of the appellant-husband.

(e) Being aggrieved by the above-said order, the respondent- wife filed FAO No. M-123 of 2006 before the High Court of Punjab & Haryana at Chandigarh. The High Court, by order dated 06.08.2009, allowed the appeal filed by the respondent- wife and set aside the judgment and decree dated 29.04.2006 passed by the Additional District Judge(Ad-hoc)-cum- Presiding Officer, Fast Track Court, Ropar. Aggrieved by the said decision, the appellant-husband has preferred this appeal before this Court by way of special leave petition.

4) Heard Mr. Nidhesh Gupta, learned senior counsel for the appellant-husband and Mr. B.K. Satija, learned counsel for the respondent-wife.

Discussion:

5) It is not in dispute that the petition for dissolution of marriage for granting a decree of divorce under Section 13 of the Act came to be filed by the appellant-husband before the District Court at Amritsar. The marriage was solemni