The main legal point established is that sustained reprehensible unjustifiable behavior affecting the physical and mental health of a spouse can constitute mental cruelty under Section 13(1)(i-a) of the Hindu Marriage Act, 1955.

JUDGMENT :

Prashant Kumar Mishra, J.

1. We have heard learned counsel for the parties at length and perused the record.

2. Appellant/husband is aggrieved by the impugned judgment and decree dated 11-4-2019 passed by the First Additional Principal Judge, Family Court, Raipur, in H.M.A. No. 366/15 dismissing his application under Section 13(1)(i-a) of the Hindu Marriage Act, 1955 [for brevity 'the Act'] for grant of divorce.

3. Facts of the case, briefly stated, are that the parties were married on 17-4-2009 as per Hindu rites and rituals. They have a daughter Baby Kusum residing with the respondent/wife. It was pleaded in the application that from the very next day of the marriage the respondent insisted to leave the matrimonial house, but on persuasion stayed for 5-6 days and called her mother to return to her parental house, but did not come back for 15-20 days. Thereafter, when she reached the matrimonial house she bolted the door of her bedroom and did not open, on which police was called for opening the door. After 3-4 days she left the house alone at about 8.00 pm in the night and was somehow persuaded to return to her house. Her mother informed the elderly persons of the society that she is a schizophrenic, which was not informed to the appellant before marriage. The respondent went back to her parental house and returned to the appellant's house after one month. During this time she was administered treatment by quack and Psychiatrist. However, her abnormal behaviour continued, therefore, she was taken to a Psychiatrist Dr. Arunanshu Parial. The respondent used to wear white saree without putting bangles and vermilion on her forehead, which are symbols of a married woman. Meeting of caste panchayat was convened, but the situation did not improve. She used to call elderly persons in the in-laws' family by their name and on one night she jumped to the neighbours house from the roof of appellant's house. She used to leave her matrimonial house every now and then without any rhyme or reason. When the appellant and other family members objected to her behaviour she used to filthily abuse them and locked the door from inside. Various other incidents of her abnormal behaviour have been mentioned in the plaint.

4. In her reply, the respondent denied the plaint allegations, however, she would not make any allegation of cruelty or demand of dowry against the appellant or his family members. She denies to have signed any letter of undertaking before the caste panchayat or counseling. The written statement does not contain any specific pleading.

5. In course of trial, the appellant examined himself as PW-1; Shashibhushan Kshatriya as PW-2; and Rajeev Kishku as PW-3. The respondent examined herself as DW-1.

6. In the deposition the appellant reiterated the plaint averments and proved the documents. During cross-examination, respondent has not been able to elicit any material statement in support of respondent's defence. Appellant's witness namely; Shashibhushan Kshatriya (PW-2) has also supported the appellant's case by making specific submission that his wife has seen the respondent trying to kill her daughter as also her husband (appellant) by pressing their neck. In her deposition, respondent wife admits the fact of her treatment by Psychiatrist Dr. Arunanshu Parial. She also admits that her mother has lodged a report against herself and that quarrel used to take place with her husband. She also admits meeting of caste panchayat and counseling as well as documents (Ex.P/9 & Ex.P/10). At the end of deposition, she admits that she also wants to seek divorce, but immediately retracts the statement.

7. The documentary evidence (Exs.P/2, P/3 & P/6), the applications filed by the appellant before Mahila Police, Raipur, specifically speaks of respondent's abnormal behaviour and her treatment by Dr. Arunanshu Parial. Ex.P/7 is the minutes of counseling. In this document, duly signed by the respondent, she has undertaken that henceforth she will