A spouse must provide substantial expert evidence to prove mental disorder under Section 13(1)(iii) of the Hindu Marriage Act, as mere claims do not warrant divorce.

JUDGMENT :

Sujit Narayan Prasad, J.

Prayer:

1. The instant appeal has been filed challenging the legality and propriety of impugned judgment passed on 09.12.2022 and decree signed on 15.12.2022 by learned Additional Principal Judge, Additional Family Court-I, East Singhbhum at Jamshedpur whereby and whereunder the Original Suit No. 314 of 2016 filed by the petitioner- appellant-husband under Section 13(1)(iii) of the Hindu Marriage Act, 1955 for a decree of divorce has been dismissed.

2. At the outset it needs to refer herein that despite all the measures having been taken for the appearance of the respondent-wife, she has not put her appearance, therefore this Court has proceeded accordingly.

Factual Matrix

3. The brief facts of the case of the appellant-husband as narrated, is that, his marriage with the respondent-wife Sagarika Devi was solemnized as per Hindu rites and customs on 29.04.2007 and after her marriage the respondent-wife came to reside at her matrimonial house and stayed there for a period of 15 days.

4. It has been stated that during the aforesaid period, it was noticed that the respondent’s behaviour was abnormal and she was unable to understand anything concerning the home work, behaviour with husband and other family members as well as with the people visiting the house of the petitioner. Neither she used to wash her hands after attending the call of nature nor she took bath. She did not know how to wear saree properly, nor she had any knowledge of conjugal functions.

5. It has further been stated that the mother of the petitioner tried to educate the respondent in all family works like washing, cooking and wearing apparels but of no consequence. All the aforesaid matters were brought to the knowledge of the father of the respondent wife but he did not care for it. After some times the petitioner brought the respondent to Ranchi and got her treated but with no remedy. The respondent gave birth to a female child and even then, there was no change in her habits and actions.

6. It has been stated by the appellant that the petitioner/appellant got the respondent examined at Bhagalpur and the doctor after examining the respondent expressed and opined that the respondent is of immature brain which is incurable and there is no hope for any remedy. It has been stated that earlier also the petitioner had consulted doctors at Kanke, Ranchi who expressed his opinion that it is not a case of Lunacy rather a case of mental retardation which is not curable.

7. After failure of such aforesaid efforts, father of respondent was informed who came to Ranchi and took away the respondent to his house at Jamshedpu