JUDGMENT :

C. Saravanan, J.

(Prayer: This Civil Miscellaneous Appeal filed under Section 19(1) of the Family Courts Act, to set aside the order dated 07.11.2019 passed by the Family Court, Vellore in H.M.O.P.No.189 of 2019.)

(Through Video Conferencing)

1. The appellant (wife) is aggrieved by the impugned Judgment and Decree dated 07.11.2019 passed by the Family Court, Nagapattinam in H.M.O.P.No.189 of 2019.

2. By the impugned Judgment and Decree dated 07.11.2019, the Family Court, Nagapattinam has dissolved the marriage solemnised between the appellant and the respondent on 11.03.2001.

3. The said case was originally filed before the Subordinate Court, Nagapattinam in H.M.O.P.No.15 of 2011 on 29.06.2009 and 09.07.2009. Later it was transferred to the Family Court, Nagapatinam and re-numbered as H.M.O.P.No.189 of 2019.

4. The impugned Judgment and Decree of the Family Court, Nagapattinam in H.M.O.P.No.189 of 2019 is sought to be assailed by the appellant on the ground that the Family Court ought to have given a proper findings on the testimony of P.W.2 Doctor who deposed evidence on behalf of the respondent (husband) to the effect that the appellant was a normal person and not of unsound mind and that she had expressed her desire to live with the respondent and a long with their son which was ignored by the Family Court.

5. H.M.O.P.No.189 of 2019 was filed by the respondent (husband) under Section 13 (1) (i-a) and 13(1) (iii) of the Hindu Marriage Act, 1955 for dissolution of the marriage solemnised between the appellant and the respondent on 11.03.2001 on the ground of the appellant was suffering of unsoundness of mind that made it difficult for the respondent to live with the appellant.

6. In the H.M.O.P., the respondent stated that the parents of the appellant had arranged for the marriage by suppressing the fact that the appellant was already suffering from mental illness hoping that the marriage would normalise her.

7. According to the respondent soon after the marriage, he had set up a matrimonial home in a rented house in Uthangari when he was working in Sambalpatti, Uthangarai of Karur Vysya Bank. According to him, on the very first day of their stay in Uthangarai, he found the appellant crying profusely and inconsolably without any reason when the respondent returned home after work. He alleged that the appellant used to hit herself on her head. He further alleged that the appellant was incapable of taking care of herself and their child born to them on 16.06.2002 and was therefore, entitled for a dissolution of the marriage under section 13(1)(iii) and 13 (1) (ia) of Hindu Marriage Act, 1955.

8. The respondent further alleged that he was informed by the appellant’s parents that the appellant by nature was a timid and frightened person and will be fine if a divine chord OTHER LANGUAGE was tied around her wrist after a visit to a local temple. However, despite tying a divine chord OTHER LANGUAGE, the appellant continued to cry and remained sad and would at times shout and abused him and thereby robbing of his peace.

9. According to the respondent, the appellant was suffering from incurable mental illness and was unable to take care herself and thus tortured him. It was further stated that the appellant was initially given treatment by Dr.Ruthiran, at Chennai before marriage which fact was suppressed from him.

10. The respondent further stated that despite being given treatment by Dr.Ramakrishnan, Neuro Centre, Trichy during 2002-2003 when he came to know about the mental illness of the appellant and that the appellant required lifelong treatment, and subsequently PW2 Dr. Rajaram who assisted to Dr.Ramakrishan there was no improvement in the appellant’s mental health.

11. According to the respondent, initially, the mother of the appellant lived with the appellant and the respondent at Uthangarai to take care of the appellant and