JUDGMENT :

GOUTAM BHADURI, J.

1. Challenge in this appeal is to the judgment and decree dated 23-12-2019 passed by the Judge, Family Court, Balodabazar, in HMA No. 89-A/2019 whereby the application preferred by the appellant/husband for grant of decree of divorce was dismissed.

2. (A) The appellant/husband filed an application pleading, inter-alia, that he was married to the respondent/wife on 25-9-2009. During the course of their marital life, the couple were blessed with a girl child. The husband alleged that before the marriage the family members of the wife did not disclose the fact that from the childhood, the wife was having the insanity attack and was being treated by the Doctors. The husband further stated that during such attack, the wife used to loose her mental capacity to control herself and even used to cause injury to any one. He also stated that the lunatic attack used to be at times in the fortnight or even weekly. At the time of marriage, the wife was too composed and did not talk to any one. However, the husband was under the impression that she being the newly married, will take time to adjust herself in the new house.

(B) The husband also stated that subsequently the behaviour of the wife towards the husband and his family members did not improve and was not normal. She used to clamp allegation on each member of the family. Having seen the abnormal behaviour of the wife, her father was called. He came and gave certain medicine. According to the husband, on a trivial dispute the wife went along with her father to Charoda. The husband also pleaded that it came to his notice that the wife was being treated by Dr. Pramod Gupta for her mental disorder and she went under shock treatment. Subsequently, the husband, who was in the service of Grasim Cement, was allotted residential accommodation at Grasim Vihar and thereafter he took his wife. Since the medicine was not available, again her behaviour aggravated.

(C) Narrating the incident, the husband stated that frequently the wife used to change her clothes and open her hairs. The wife also used to throw the Bangles, mangalsutra, bindi, anklet, etc. and also used to ransack the household articles. The clothes kept in the almirah were also thrown. He further stated that the behaviour of the wife was normal at some point and the husband when insisted she disclosed that she was treated by the Psychiatrist at Durg namely; Dr. Pramod Gupta and Dr. Manik Deb Sikdar. She was also treated at Visakhapatnam (Andhra Pradesh) and also underwent shock treatment.

(D) Having known such fact, when the husband went to the parental home of the wife and enquired about the ailment from her parents, it was disclosed that she had suffered mental ailment, but she is completely cured. It was further stated that she was pursuing B.Ed. and during such time she used to stay at Charoda with her parents where she was being treated and in the meanwhile she gave birth to a girl child. Even after birth of the child, the behaviour of the wife did not improve. She never take care of the child by providing proper care and food and also never sent the daughter to school and also not allowed her to play with other children. She damaged the utensils, TV, Computer, Amplifier, fridge, etc. torn the marriage album and burnt the important documents e.g. ATM Card, PAN Card, Driving Licence, Voter ID, Marksheet, etc.

(E) When there is no change in the behaviour of the wife, the husband went to her parental home where threat was extended to him that he would be inculpated in a false case for the offence under Section 498-A of the Indian Penal Code. The husband further stated that in the same house they used to stay apart and she refused to get her treated. Certain incidents have been narrated by the husband that the wife used to bang the doors of neighbours continuously and for no reasons used to abuse them. He also stated that the wife used to run outside the house, however, with great difficulty she was controlle