IMPORTANT POINT
The court established that mere mental disorder is insufficient for divorce; the severity must be proven, and prolonged separation can indicate desertion.

JUDGMENT :

Om Prakash Shukla, J.

1. Office has reported sufficiency of service of notice on sole respondent vide report dated 26.09.2023, but none appears on her behalf before this Court to oppose the appeal, hence the appeal was heard ex parte on 20.09.2024.

2. Heard Ms. Bhavini Upadhyay, learned Counsel representing the appellant-husband and perused the impugned judgment as well trial Court’s record.

3. By means of the present appeal under Section 19 (1) of Family Courts Act, 1984 read with Section 28 of Hindu Marriage Act, 1955 and Section 96 of the Code of Civil Procedure, 1908, appellant/husband assails judgment and decree dated 29.04.2023 passed by Principal Judge, Family Court-II,Pratapgarh (hereinafter referred to as ‘Family Court’) in Suit No. 787 of 2019 : Pawan Kumar Pandey Vs. Smt. Sudha, whereby learned Family Court has dismissed the said suit filed by the appellant/husband for grant of decree of divorce under Section 13 of the Hindu Marriage Act, 1955.

4. At the very outset, it is essential to advert to the brief factual matrix to provide context to the manner in which the present proceedings have arisen before this Court.

A) Appellant and respondent got married on 08.06.2003 in accordance with Hindu Rites and Customs. The respondent-wife came to her martial home and kept performing her duties for some time. However, subsequently, the appellant/husband filed divorce suit, bearing No.787 of 2019, on 11.07.2011 under Section 13 of Hindu Marriage Act, 1955 (hereinafter referred to as 'H. M. Act') on the allegation that after marriage, his wife came to the marital home thrice and during this period, her mental condition was not good as his wife was suffering from Schizophrenia, which disease he came to know after marriage and before marriage, his father-in-law never told him about her illness. It was pleaded that the disease of Schizophrenia is hereditary and whatever children his wife will bear, will suffer from this disease and also due to this disease, her fertility has become zero due to which the husband’s lineage will end. The husband further pleaded that he made constant efforts for his wife’s treatment but the doctors told him that the disease is incurable. It has also been pleaded by the husband that in a state of mental illness, the mental condition of his wife was unnatural like she gets up and goes anywhere without informing anyone, loses sense of wearing clothes and at night when the family members are asleep, she leaves the house alone. In this way, according to the plaintiff, an unpleasant incident could occur at any time. It has been stated by the husband that his wife is being treated by a psychiatrist at Allahabad for a long time, but till now there is no improvement and there is no possibility of improvement either. Husband has further stated in plaint that lastly in June, 2011, the plaintiff took medical advice and on medical advice, he became fully convinced that mental disease of wife is continuous and incurable and of such a kind and to such an extent that husband cannot reasonably accept to live with wife and as such, he filed a suit for divorce on the ground of desertion, cruelty and mental disorder of wife under Section 13 of the H. M. Act., praying to grant him decree of divorce.

B) The respondent/wife appeared before the learned Family Court and denied allegations of mental disorder. She pleaded in written statement that after marriage, she went to her marital home and performed her marital duties but her husband and his family members started torturing/harassing her in various ways to get more dowry, due to which she became stressed. She stated that she never suffered from any type of mental illness before or after marriage rather she tolerated the mental harassment by her husband and his family members. It was also pleaded in the written statement by the wife that her husband and his family members took all her jewellery and stridhan and while beating her, threw her out of the marital home and