A spouse must prove substantial evidence of severe mental disorder to justify divorce; mere allegations are insufficient.

JUDGMENT :

SUNIL DUTTA MISHRA, J.

Heard learned counsel for the parties

2. The present appeal under Section 19 of the FAMILY COURTS ACT , 1984 is directed against the judgment and order dated 22.11.2018 passed by learned Principal Judge, Family Court, Nawada in Matrimonial Case No. 52 of 2010 (15 of 2013), whereby and whereunder the petition filed by the appellant-husband under Section 13 (1) (ia) and (ib) of the HINDU MARRIAGE ACT , 1955 (hereinafter referred to as ‘the Act’) for annulment of marriage has been dismissed.

3. The appellant has filed Matrimonial suit No. 52 of 2010 with the learned Court of District and Sessions Judge, Alipore (West Bangal) and the same was transferred to the Family Court, Nawada by the Hon’ble Supreme Court vide order dated 02.10.2012 in Transfer Petition (Civil) No. 278 of 2011.

4. As per appellant case, the marriage between appellant-husband and respondent-wife was solemnized on 21.05.2005 at Akbarpur, Nawada as per Hindu rites and ceremonies. The appellant and respondent started living together in a rented house at Kolkata. They lived together for about 1 year and 11 months. Immediately after marriage, the appellant- husband found some abnormal behavior in attitude and also in movement of the respondent which gradually intensified. The respondent was treated in the department of psychiatric in Ramkrishna Mission Sewa Pratisthan where the doctor diagnosed her to be suffering from schizophrenia i.e., sort of mental disease or disorder. Also, respondent has got permanent disability in her leg and cannot move properly for which she was treated in the same hospital. The appellant-husband was physically attacked for several times by the respondent without any cogent reason. The parents of respondent never disclosed about any disease of the respondent. The couple never mixed up as husband and wife and the respondent realized the mistake on part of their family members and after discussion with her parents and other family members decided to leave the petitioner without any allegation and decided to cease the matrimonial tie with the petitioner. She left without any allegation against her husband by executing two document in her own handwriting agreeing to dissolve their marriage. On 26.11.2006 the mother along with two relatives of the respondent took her with all articles and belongings of the respondents. Since then, the respondent has been living at her parental home. The respondent with malafide intention has withdrawn herself from the society of petitioner and has deserted him.

5. Both the parties were given adequate opportunities by the Co-ordinate Bench of this Court on 15.10.2019 to reach an amicable settlement through mediation. However, the efforts remained unsuccessful as no mutual agreement could be reached between the parties.

6. Respondent-wife had filed written statement before the Family Court stating that prior to marriage the parents of the appellant saw her twice, once at Akbarpur and secondly at Kolkata, thereafter, marriage was solemnized. The respondent further denied all the allegations regarding her mental condition or allegation that she is suffering from schizophrenia. It has been denied that behavior of respondent- wife is aggressive towards her husband. It is stated that she is a spiritual lady, she had never used any weapon such as knife and spoon to cause harm to the appellant-husband as alleged. It has also been specifically refuted that respondent had executed any document regarding dissolution of her marriage and has also refuted tha