The Court held that mere existence of mental disorder is insufficient for a divorce decree; sufficient evidence proving the severity affecting marital life is necessary.

JUDGMENT :

Sujit Narayan Prasad, A.C.J.

The instant appeal under section 19(1) of the Family Court Act, 1984 is directed against the judgment dated 06.04.2022 and the decree dated 16.04.2022 passed in Original Suit No.551 of 2019 by the learned Addl. Principal Judge, Addl. Family Court-I, Ranchi, whereby and whereunder, the petition filed under section 13(1)(iii) of the HINDU MARRIAGE ACT , 1955 by the appellant-husband against the respondent-wife has been dismissed.

2. The brief facts of the case as pleaded in the plaint having been recorded by the learned Family Judge, needs to be referred herein as:

(i) The marriage of the parties was negotiated and settled by the parents of both the parties to the suit, during negotiation of marriage the parents and relatives of the defendant (hereinafter referred to as the respondent-wife) represented that the respondent-wife is a lady of sweet nature, social, educated, cultured and having sound mental status, the parents of the plaintiff (hereinafter referred to as the appellant-husband) and appellant himself believed the representations and given his consent for marriage with the respondent-wife. The marriage of the appellant was solemnized with the respondent-wife on 27.04.2016 in the parental home of the respondent-wife, on next day, respondent-wife came to her matrimonial home with the appellant, on the same day the appellant observed some abnormalities in the behaviour of the respondent- wife and also found some medicine in the luggage of the wife. After noticing abnormal behaviour of the respondent-wife, the appellant enquired in the matter from his in-laws, who informed him that the respondent has some mental problem and on the advice of the doctor, she is taking medicine, after aforesaid information, the appellant and his parents made further enquiry and got knowledge that since last three years, the respondent-wife is under the treatment of Dr. K.K. Sinha and she has also been treated by a doctor of Patna. On his advice, she is taking medicine, but parents of the respondent has not provided any prescription to the appellant or his family members, (even then the appellant and his family members supported her in her treatment).

(ii) On 16.01.2017, suddenly respondent-wife became aggressive and violent, she attacked upon the appellant, when parents of the appellant tried to intervene then she also attacked upon them, anyhow all of them restrained her and informed her parents.

(iii) On getting information, parents of the respondent-wife came to the parental home of the appellant and they started beating the respondent but parents of the appellant restrained them, thereafter, the family members of the appellant taken her with them to the house of the sister of the respondent at Booti-More, Ranchi, thereafter on 17.01.17, on the request of the appellant, they brought the respondent-wife in the clinic of Dr. Ashok K. Prasad, who prescribed medicine.

(iv) The respondent-wife revealed before the doctor that she is hearing some voices of unknown person when she is sitting alone and also someone came to her and provoked her for violence. After treatment, the appellant brought her with him but after some days, she again became violent in the effect of attack of insanity and tried to harm the plaintiff, then parents of the respondent-wife taken her to their house on the request of the appellant and his parent. After about two months, the appellant called her for follow up as advised by Dr. Ashok K. Prasad for her further treatment.

(v) On 26.04.2017, they again visited to the clinic of the doctor who again advised medicines. Thereafter, the appellant kept the respondent with him. In April, she was pregnant, the