IMPORTANT POINT
Divorce--Mental illness of wife--Mere evidence of mental illness not sufficient to seek decree of divorce--It must also be proved that it cannot be reasonably expected of the petitioner to live with her.

Vinod K.Sharma, J.

1. This appeal, by the appellant-wife, is directed against the judgment and decree dated 29.4.2006 passed by the learned Additional District Judge (Ad-hoc)-cum-Presiding Officer, Fast Track Court, Ropar, vide which the petition filed by the respondent-husband for dissolution of marriage was ordered to be decreed.

2. The respondent-husband filed a petition under Section 13 of the Hindu Marriage Act, 1955 for dissolution of marriage, on the pleadings, that the marriage between the parties was solemnised on 2.10.2000 at Amritsar. After the marriage, the parties cohabited and resided together as husband and wife at Amritsar in the parents house of the respondent, but later on shifted to a rented house in Tilak Nagar Shivala road Amritsar. A female child was born at Amritsar on 11.7.2001. The child is in the custody of the appellant-wife.

3. The case set up by the respondent-husband was, that after the marriage he found that the appellant-wife was acting in very abnormal manner, as she used to abruptly get very aggressive, hostile and suspicious in nature and would hit anybody available in any company. In the fit of anger, she used to declare that she would bring an end to her life by committing suicide, and involve the respondent-husband and his family members in a criminal case, unless she was provided a separate residence. It was on account of the pressure that the respondent-husband took on rent a house, and started living with the appellant-wife in the house of Sh. Madan Lal @ Rs. 3,200 (Rupees three thousand two hundred only) per month, w.e.f. 28.11.2001. The case set up was, that even after separate residence was taken, the behaviour of the appellant- wife became more aggressive, and she repeated threats of suicide even in the rented house. On enquiry, it was revealed that the appellant-wife was suffering from acute mental depression coupled with schizophrenia. She became more and more violent and aggressive. On one occasion, she repeated the threat of suicide and attempted jumping from the house of her in-laws on 19/20.9.2001, but because of timely intervention of the respondent-husband she was saved. Respondent-husband came to know that even before her marriage, she was suffering from mental disorder, and was getting treatment from various places. She had even brought a box containing medicines, required by a person of mental disorder. The respondent, however, hoped that the treatment may cure the appellant-wife. She was treated by the respondent-husband and her parents from various places for her mental illness. The treatment provided to her, included electric shock. The treatment did not improve her state of health. The appellant-wife was also treated as indoor and outdoor patient in Shri Guru Teg Bahadur Hospital at Amritsar, and Bhatia Neuro Psychiatric Hospital, but the treatment did not yield any fruit. She could not be cured of her mental illness.

4. It was further pleaded, that under the fit of insanity, the appellant-wife pushed the respondent-husband from the staircase, leading to their residential portion, causing the respondent, fracture of right hand. She was also said to have slapped the respondent in the presence of her parents. The appellant-wife was also said to be not looking after their daughter properly. She ultimately, was taken away by her father on 17.4.2002, and thereafter did not return back to her matrimonial home.

5. On the pleadings, referred to above, it was claimed that respondent-husband was treated with mental as well as physical cruelty by repeated threats of suicide. She even threatened to kill the respondent-husband. She was further said to be disrespectful to the respondent and his parents. It was the case of the respondent-husband, that even though he was the only son of his parents, he had to live separately due to the act and conduct of the appellant-wife. The state of her mental health was even brought to the notice of her parents, by way of registered lett