IMPORTANT POINT
The court ruled that allegations of mental unsoundness and cruelty were unsubstantiated, affirming the lower court's decision to dismiss the dissolution of marriage suit.

JUDGMENT :

RONGON MUKHOPADHYAY, J.

1. Heard Mr. Sanjay Kumar Pandey, learned counsel appearing for the appellant and Mr. Ashish Verma, learned counsel appearing for the respondents.

2. This appeal is directed against the judgment dated 21.12.2010 passed by Shri Lakshmi Kant Sharma, learned Principal Judge, Family Court, Garhwa in Matrimonial Case No. 04/2007 whereby and whereunder the suit preferred by the petitioner/appellant has been dismissed and the maintenance amount has been modified to the extent of Rs.2500/- per month in favour of the respondent No. 1.

3. For the sake of convenience both the parties are referred to in this judgment as per their status before the learned court below.

4. The petitioner (appellant herein) had preferred a suit for dissolution of his marriage with the respondent No. 1 (respondent No. 1 herein) in which the respondent No. 2 (respondent No. 2 herein) has also been made a party under section 13(1) of the Hindu Marriage Act, 1955 in which inter alia it has been stated that the marriage of the petitioner was solemnized with the respondent No. 1 on 18.5.03 as per Hindu Rites & Customs and after marriage they started living together at village-Ramna where the respondent No. 1 had given birth to a male child who is now 2 and 1/2 years old. The marriage was performed as per the assurance of the respondent No. 2 who is the father of the respondent No. 1. After marriage, the petitioner came to know about the unsoundness of mind of respondent No. 1 and the petitioner and his family members apprehended threat to their lives on account of the abnormal and aggressive behaviour of the respondent No. 1. The petitioner had got the respondent No. 1 treated by a Psychiatrist. It has been stated that after the birth of the child the mental health of the respondent No. 1 deteriorated and the petitioner who is a daily collection agent of Sahara India (a Non-Banking Company) was asked by the respondent No. 1 not to take collection from any female account holders. The petitioner was threatened by the respondent No. 1 that if he does not stop the collection of daily deposit amount from the female account holders firstly she will kill him and then commit suicide. The petitioner had to take food from outside or spend the day in hunger as the respondent No. 1 had stopped giving food to the petitioner. The petitioner had taken the respondent No. 1 to Ranchi for her treatment and she was admitted in RINPAS Ranchi where she remained for one and half months and when the petitioner went to see her in the month of May, 2007 he was informed that the respondent No. 2 had got her discharged though the respondent No. 1 was not fully cured. On 17.06.2007, the petitioner along with his father and brother on the request of the respondent No. 2 had gone to village-Bhojpur to have a discussion on the further medical treatment which has to be given to the respondent No. 1 but they were brutally assaulted and the son of the petitioner was also forcibly kept by them. The respondent No. 1 has always treated the petitioner with cruelty and he apprehends threats to his life if he stays with the respondent No. 1.

5. On being noticed, both the respondents had appeared and filed their written statement in which it has been denied that the respondent No. 1 is of unsound mind. Her behavior towards the petitioner and his family members had always remained cordial. The respondent No. 1 has never been treated by a Psychiatrist and she has denied the allegations levelled by the petitioner that he was not given food and that he was prevented by the respondent No. 1 in making daily collections from female account holders.

6. Based on the pleadings of the parties, the following issues were framed for adjudication:

(i) Is the suit maintainable as framed?

(ii) Is the plaintiff/petitioner has got any cause of action?

(iii) Is the defendant/respondent No. 1-woman of unsound mind and she was treated in RINPAS, Kanke, Ranchi?

(iv) Was the plaintiff/petitioner ever met