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2018 Supreme(Mad) 4257

G.R.SWAMINATHAN
Mahalingam – Appellant
Versus
Hemamalini – Respondent


Advocates Appeared:
M. Ajmal Khan, Adv., M.P. Senthil, Adv.

JUDGMENT :

G.R. Swaminathan, J.

The appellant Thiru.Mahalingam got married to the respondent Mrs.Hemamalini on 30.08.2001 at Thanjavur as per Hindu Rites and customs. A girl child was born through the said wedlock on 06.09.2002. According to the appellant, the respondent herein exhibited a strange behaviour right from the inception. The respondent appeared to be suffering from a severe mental illness. Therefore, the respondent was taken to a Psychiatrist by name, Dr.J.Venkatesan. The respondent was given medication. But there was no change in the mental state of the respondent. Therefore, the respondent was taken to NIMHANS, a renowned institution at Bangalore. It was then discovered that the respondent is suffering from "Schizophrenia" and that it is incurable. The appellant realized that the respondent was having such a condition from the beginning and that by suppressing the same, she was given in marriage to him. On 13.09.2005, at about 10.30 p.m., the respondent became very aggressive and severely assaulted the appellant. Left with no other option, the appellant took the respondent and the child to her parents' house and left them there. Since the respondent is having an incurab

















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