The main legal point established is that behavior amounting to cruelty, whether due to mental disorder or not, justifies the dissolution of marriage.

JUDGMENT

M G Sewlikar, J. - This appeal arises out of the judgment and decree dated 23.06.2011 passed by the learned District Judge -2, Sangamner in Regular Civil Appeal No. 123/2011 whereby the judgment and decree passed by the learned Civil Judge, Senior Division, Sangamner in Hindu Marriage Petition No. 63/1999 dated 23.01.2001 is set aside.

2. Facts giving rise to this appeal are as under :-

The appellant married the respondent about 14 years before filing of the Hindu Marriage Petition No. 63/1999. They are blessed with one son Pandurang, aged 8 years and a daughter Deepali, aged six years. The appellant filed the aforesaid petition for dissolution of marriage alleging that the respondent is a quarrelsome woman. She used to behave abnormally. She had filed proceeding under Section 498-A of the Indian Penal Code against the appellant and his parents. The appellant and the respondent entered into amicable settlement on account of which appellant was acquitted of the said criminal case. Thereafter, the appellant and the respondent resumed cohabitation. However, there was no change in the behaviour of the respondent. The appellant got a job of teacher in Agasti Education Society, Akole in the year 1990. Therefore, the appellant along with the respondent and his parents started living at Kumbhephal. Son-Pandurang was born in the year 1991 out of the wedlock. However, there was no change in the behaviour of the respondent. In a fit of rage, the respondent used to assault the appellant. She used to abuse the mother of the appellant.

3. It is further alleged that in the year 1993, the respondent delivered a baby girl. The behaviour pattern of the respondent turned from bad to worse. She started behaving abnormally. She used to take off her clothes and tore the clothes of the appellant. This behaviour of the respondent was causing annoyance to the appellant. Therefore, the appellant brought the behaviour of the respondent to the notice of her brother and father but they turned a Nelson's eye to her abnormal behaviour. In the month of January 1997, the respondent doused herself with kerosene and set herself on fire. Soon thereafter, she extinguished the fire by pouring water on herself. The appellant immediately intimated this incident to the police station and admitted the respondent in Civil Hospital, Akole. The statement of the respondent was recorded by the police in which she stated that she set herself on fire. About 1 1/2 months after her admission in the hospital, she went to her maternal place directly from the hospital. In the month of October 1997, on the imploration of the father and the brother of the respondent to maintain her, a meeting was held which was attended by the respondent, her father, brother and the respectable persons of the village in which the respondent gave an undertaking in writing that she would behave properly. Therefore, the appellant started cohabitation with the respondent. Again after 2 to 4 months, the respondent started behaving abnormally. The respondent started picking up quarrels with the neighbours. She used to tear her clothes and dance in front of the students. The Headmaster of the school informed the appellant about the behaviour of the respondent. The appellant got the respondent admitted in the hospital of Dr. Dhadiwal. She was admitted there for three weeks but there was no improvement in her. The respondent used to pretend to be insane and used to beat the villagers and take off her clothes. The respondent was produced by the police before the Judicial Magistrate First Class because of her abnormal behaviour. The learned Judicial Magistrate First Class released her as she gave rational answers. Because of the abnormal behaviour of the respondent, it has become difficult for the appellant to live with the respondent. He, therefore, filed the aforesaid petition for dissolution of marriage.

4. Respondent filed her written statement at Exhibit-9. She denied all the allegations of the appe