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High Court Of Delhi
NILAM KALRA - Appellant
Versus
VINOD KALRA - Respondent
First Appeal Order 217 of 1979
Decided On : 09/17/1980
MATRIMONIAL CRUELTY - MENTAL DISORDER - CONDUCT CAUSING MENTAL AGONY - CONDONATION - [SECTION 13(1)(IA), 13(1)(II) OF THE HINDU MARRIAGE ACT, 1955]
Fact of the Case:
The appellant, Neelam, and the respondent, Vinod, were married in 1976. On the nuptial night, Neelam told Vinod that she was not interested in life or her matrimonial obligations. She left the house the next day and was found at a bus stop. Vinod brought her back, but she refused to leave Delhi for their honeymoon. They eventually went to Kashmir, but Neelam refused to go out with Vinod and was completely disinclined to matrimonial life. After returning to Delhi, Neelam stayed with her parents for six months. Vinod brought her back to Lucknow, but she disappeared again after quarrelling with the landlord's daughter. The final incident occurred when Neelam sang an inappropriate song at a family gathering, causing a scene. Vinod took her to see a doctor, who diagnosed her with depressive psychosis and suicidal tendency. Vinod filed for divorce on the grounds of mental cruelty.
Finding of the Court:
The trial court found that Neelam was suffering from mental disorder and that her conduct caused mental cruelty to Vinod. The court granted Vinod a decree of divorce.
Issues: 1. Whether Neelam was suffering from mental disorder of such a kind and to such an extent that Vinod was entitled to divorce on that ground? 2. Whether Neelam's conduct and behaviour caused such mental torture to Vinod, entitling him to divorce?
Ratio Decidendi: The court held that Neelam's conduct, including disappearing without information, threatening to commit suicide, disinclination to sexual intercourse, and general depression, amounted to mental cruelty towards Vinod. The court found that the incidents that took place prior to 13th September, 1977 were not condoned by Vinod as the parties cohabitated thereafter, as the living together from 13th September, 1977 to 16th October, 1977 was in the nature of an experimental arrangement based on the assurances of the appellant's parents that the appellant was now fit for matrimonial life.
Final Decision: The court dismissed the appeal and upheld the decree of divorce granted by the trial court.
( 1 ) GEORGE Eliot wrote
"what greater thing is there for two human souls than to feel that they are joined for life - to strengthen each other in all labour, to rest on each other in all sorrow, to minister to each other in all pain, and to be with each other in silent unspeakable memories. . . . . . . . . . . . ".
( 2 ) BUT what happens, if before two human souls have an, opportunity to feel that they are joined for life, the bond is broken. Such is the case be. fore me.
( 3 ) NECLAM, the appellant, a first year student of the Master of Arts course was married to Mr. Vinod Kalra on 8th October, 1976. Vinod was working at the time as a T. V. Sound Recorder in Lucknow. The marriage took place as a result of the negotiations of the respective parents. It was solemnized in Delhi according to Hindu rites and ceremonies.
( 4 ) ON the nuptial night, Neelam told Vinod that she was neither interested in life nor in her matrimonial obligations. It appears that she was in a state of mental depression and wanted to commit suicide.
( 5 ) ON the next day, 9th October, she 1976. left the house. She was found at Greater Kailash bus stop from where Vinod brought her back.
( 6 ) VINOD had planned a honeymoon with her to Kashmir and they were to leave on 10th October, 1976. Neelam refused to leave Delhi and declared that she was not interested in living. However, as a result of the intervention of her parents, she and Vinod went to Kashmir on 17th October. 1976.
( 7 ) THEY stayed in Kashmir from 17th October, 1976 till 27th October, 1976. While at Kashmir Neelam refused to go out with Vinod. Vinod managed to take her out to see some of the sights of Kashmir after a great deal of persuation. But she was completely disinclined to matrimonial life and to life in general. .
( 8 ) WHEN Neelam and Vinod returned Delhi, Vinod brought this matter to the attention of her parents. They informed Vinod that she had been suffering from mental depression before her marriage and was being treated.
( 9 ) VINOD left for Lucknow to rejoin work. Neelam stayed behind at Delhi, though it is not quite clear whether she stayed with her parents or his.
( 10 ) ON 13th December, 1976, Neelam s mother-in-law accompanied her to Lucknow. Alter a week or sober mother-in-law returned leaving Neelam with Vinod at C-1006,mahanagar, Lucknow.
( 11 ) ON 25th December, 1976, Neelam disappeared from the house and" on search was found at a rickshaw stand near Mahanagar. When Vinod asked her to return, she created a scene and threatened to commit suicide at the railway, station. She was brought home after a great deal of persuation as She kept insisting that she wanted to commit suicide. Mr. Lekh Raj, the landlord and his wife were present at the time.
( 12 ) ON 2nd January, 1977, Neelam was again missing from the house. When Vinod returned home, he found the house open and he went in search of her accompanied by Mr. Lekh Raj. They found her sitting near a well in Hanuman Temple in Mahanagar. When queried she stated that she wanted to jump into the well as she had no interest in matrimonial life.
( 13 ) THE next incident occured on 10th February, 1977. Neelam s mother. had come to visit her at Lucknow. When Vinod returned from the office, he found Neelam s mother upset and in tears. The landlord Mr. Lekh Raj informed Vinod that Neelam had been missing since 1. 30 p. m. Vinod and Mr. Lekh Raj went in search of Neelam towards Mahanagar Market. Sahu, a friend of Vinod went with Neelam s mother towards Odeon Cinema to look for her. She could not be traced. Vinod was naturally very upset and apprehensive and he lodged a report at Mahanagar Police Station at about 9. 25 p. m. He also sent a telegram to his father and to Neelam s maternal uncle. At the behest of his mother-in-law he also sent a telegram to an ashram in Dehradun where the mother thought that Neelam might have gone.
( 14 ) ON the next day, he was informed telegraphically by his father that Neelam had arrived
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