JUDGMENT :

G.A. SANAP, J.

1. In this appeal, filed under Section 19 of the Family Courts Act, 1984, challenge is to the judgment and decree dated 07.11.2008, passed by the learned Judge of the Family Court No. 2, Nagpur, whereby the learned Judge of the Family Court dismissed the petition, filed by the appellant against the respondent for divorce on the grounds of cruelty, desertion and mental disorder due to schizophrenia as provided under Section 13(1)(i-a)(i-b) and (iii) respectively of the Hindu Marriage Act, 1955.

2. The facts leading to this appeal are as follows:

The marriage between the appellant and respondent took place on 04.02.1991. After marriage, the respondent came to reside at the house of the appellant. The couple was blessed with a daughter by name Swaroopa on 06.08.1992. It is the case of the appellant that since beginning the respondent never acted or behaved normally. The respondent displayed the significant traits of mental imbalance resulting into unpleasant instances of violent nature. The respondent used to continuously quarrel with the appellant and his family members. The conduct and behaviour of the respondent disturbed the peaceful atmosphere in the family