CAV

Per Sujit Narayan Prasad, J.

1. The instant appeal under Section 19(1) of the Family Courts Act, 1984 is directed against the order/judgment dated 07.09.2024 and decree signed on 20.09.2024 passed by the learned Principal Judge, Family Court, Chatra in Original Suit No. 79 of 2021, whereby and whereunder, the learned court has dismissed the aforesaid suit filed under Section 13(1) (i-a) & (iii) of the Hindu Marriage Act, 1955 for dissolution of marriage with the respondent-wife.

Factual Matrix

2. The brief facts of the case as per the original matrimonial suit needs to be referred herein which is as under:-

2.1 The appellant/petitioner-husband and respondent-wife are legally married wife and husband, and their marriage was solemnized on 31.01.2016 according to Hindu rites and customs at Chatra. After marriage, appellant and respondent lived together as husband and wife in the parental house of appellant at Chatra and for sometimes at Kota, Rajasthan where the appellant was posted in CISF. Out of the wedlock, the couple were blessed with a son who is now aged about five years.

2.2 It has been further mentioned that the respondent-wife has never brought any happiness to the appellant or to his parents. The only happy feature of the marriage has been the birth of the child but barring that, the period of the marriage has been a story of tragedy for the appellant arising mainly due to the stubborn, egoistic, erratic, cruel and psychopathic disorder of the respondent. After marriage, appellant came to know that the respondent has some illness, short tempered and erratic behaviour.

2.3 He has further averred that from the very first day of marriage, the behaviour of respondent was very strange. She came out rushing from her room and started laughing loudly in front of all the relatives and kept talking to herself. Further, after taking bath she used to come out without proper dress in front of elders and strangers which was very embarrassing and even after repeated request, she did not change this act rather she used to become very aggressive. After Gauna, one day while her mother called on her mobile phone, she started screaming on the phone and suddenly threw the phone and damaged it.

2.4 Thereafter, appellant went to join his place of service at Kota and after some time the parents of appellant brought the respondent to Kota but during the entire journey by train, the respondent behaved abnormally without managing properly her dress due to which the co-passengers were uncomfortable and even after reaching at Kota, her behaviour was not changed. The parents of appellant returned but due to abnormal behaviour of respondent, the agony of appellant increased. Respondent used to come out from quarter in half dress and she used to sleep the whole day. Appellant has to cook food and perform other household chores. After using toilets, she never used flush water. She was shouting and laughing without any reason. One day appellant returned from his service, he found the door locked inside. He kept knocking due to which the neighbourers came and after great exercise, she opened. She was laughing as a child. Appellant informed his father-in-law, who was also shocked to see her abnormal behaviour. On 13.12.2016, she gave birth of a child but there was no change in her behaviour. She had been a patient of clinical mental depression from before her marriage which was concealed by her parents. She used to behave abnormally. Appellant apprehended that she was thinking of suicide. In the month of May 2017, at the time of ceremony of new born child, she behaved abnormally in the presence of relatives and most shocking episode was that during the unfortunate death of her younger brother in September 2018 when every person was weeping, she was laughing.

2.5 He has further mentioned that Psychiatrist was consulted but she could not be treated and quite often she used to beat her child and ultimately on request of appellant, the father of respondent took h