For a spouse to obtain a divorce on the ground of mental disorder under Section 13(1)(iii) of the Hindu Marriage Act, 1955, the mental disorder must be of such a kind and extent that the other spouse cannot reasonably be expected to live with the affected spouse.

( 1 ) THE husband has filed the present suit for divorce. The case is that on the 4th Dec. , 1969, he was married to the respondent, Kita Roy, according to Hindu rites. The marriage was consummated. After the marriage she showed signs of abnormality. On the 8th Dec. , 1970, a daughter was born out of the wedlock. Once she attempted to commit suicide. After observing her abnormal mental condition, he had her examined in the Mental Observation Ward, Bhowani-pore, in Jan. /feb. , 1970. She was also under the treatment of one Dr. Gobinda Sen. In 1973, she was examined by doctor, Subsequently, she was admitted to Gobra Mental Hospital for treatment. From Jan. , 1973, the respondent became incurably of unsound mind and has been suffering intermittently from mental disorder of such kind and to such an extent that she cannot safely and reasonably be expected to live with the petitioner.

( 2 ) THE respondent filed written statement denying the material allegations made by the husband. Her case is that before the marriage she had passed the Higher Secondary Examination. She had been treated with cruelty after she gave birth to the daughter. In Jan. , 1973, she was in a family way. A forced abortion was made and the same told upon her health heavily. She had to go to Gobra Mental Hospital for treatment. After treatment for a short period, she was declared fit.

( 3 ) THE learned Additional District Judge has believed the petitioner's version, found that the wife has been intermittently suffering from mental disorder which includes schizophrenia and her mental disorder is of such kind and to such an extent that the husband cannot reasonably be expected to live with her, The suit was decreed. The wife has preferred the present appeal.

( 4 ) IT has been argued on behalf of the appellant that the plaint is defective. Initially a prayer was made before the learned District Judge for representing her by her guardian mother. The learned District Judge examined her and turned down that prayer. The evidence given by the petitioner's side only shows that she has only some mental disorder. But she is not of incurably unsound mind or has not been continuously or intermittently suffering from mental disorder, At any rate, such slight mental disorder is not of such kind and to such an extent that the husband cannot reasonably be expected to live with her, within the meaning of the later portion of the amended Section 13 (1) (iii) of the Hindu Marriage Act, Reference has been made to the certificate Ext. A to show that after treatment she was declared fit in 1974. The case of Bennett v. Bennett, reported in (1969) 1 All ER 539, Cleary v. Cleary, in (1974) 1 All ER 498 and Thurlow v. Thurlow, in (1975) 2 AH ER 979 have been cited. It has been stated that this slight mental disorder is curable after treatment and she can fully recover, behave properly and do her household 'duty. The letters written by her, Ext. B series, demonstrate her normality and coherency. Though in the petition filed by the husband, there is no allegation that her father is off his head. But P, W. 4, Sitesh, petitioner, has stated that her father is also a crazy fellow. There is no evidence that there is no prospect of her recovery. So, the Court should reject the husband's prayer.

( 5 ) THE learned Advocate appearing on behalf of the husband has stated that she has been suffering from schizophrenia. Re-ference has been made to the pages 237, 245, 266, 270, 275 and 324 of Clinical Psychiatry, Mayer-Gross, Slater and Roth, 3rd Edition, It has been stated that schizophrenia is of various kinds. In some case life-long hospitalization is necessary. At page 245, there is a table to show how a child born of a patient suffering from schizophrenia may also be a victim of such disease, The element of association is also important and others may be affected. There is abnormality of thinking, disturbance of the thought process and of volition. Such a patient does not alwa