( 1. ) FEELING aggrieved by judgment and decree dated 8-1-2003 passed by Presiding Officer of Family Court, Gwalior in Case No. 63-A/2002 (Hindu Marriage Act), decreeing the application filed under Section 13 (1) (i-a) and Section 13 (1) (iii) of the Hindu Marriage Act (hereinafter referred to as the Act), the wife has preferred this appeal,

( 2. ) ADMITTED facts are that the appellant and respondent were married on 21-1-91 at Gwalior and thereafter a female child was born from their wedlock. ( 3. ) IN brief the case of the husband/plaintiff is that soon after the marriage he came to know that the behaviour of his wife is unusual and quarrelsome.

She happens to hurled the abuses. She also happens to take bath during odd hours in the night. On being enquired by the plaintiff/husband, the mother of the wife told that after the delivery of a child, she would become normal. But, when the husband did not notice any change, even after female child was born, he examined the appellant at Agra where she was examined by Dr. Madhuwan in August, 1994. Thereafter, she was admitted in the hospital and was treated. Thereafter, one Psychiatrist Dr. Raheja also examined the wife and ultimately on 28-12-94 she was examined by Dr. R. N. Sahu who treated her since 1994 to 1997, but of no result. Still the wife is of unsound mind. ( 4. ) ON account of her unsound mind she happens to quarrel with the

husband (plaintiff) and insisted him to live separately, eventually the plaintiff started living in a separate house near Harinirmal Talkies in the house of Dr. Narain, however, on account of the misbehaviour of the wife, the landlord insisted and ultimately the house was vacated. Thereafter, the husband started living in the house of one Kushwaha where also the wife misbehaved in the same manner as a result of which the landlord insisted to vacate the house and he vacated it. Thereafter, the plaintiff took a house on rent in the locality of Kamal Singh Ka Bagh, that house was of one Premnarayan Sharma where also the wile quarrelled with the landlord and his other tenants as a result of which, on the insistence of those tenants and the landlord the plaintiff vacated the house and in this manner, according to the plaintiff, on account of the misbehaviour of his wife, he vacated 17 houses.

( 5. ) PLAINTIFF further pleaded that the behaviour of the wife was cruelsome, she happens to hurled the abuses, she was also pelting the stones. On 27-8-2000 she threw the goods of the house and on being refrained by the plaintiff, she became more aggressive and threw a bottle on him as a result of which he sustained an injury nearby his left eye. The matter was reported to Police Station, Indergunj and since then the defendant (wife) started living with her mother.

( 6. ) ON account of aforesaid pleadings the plaintiff had sought a decree under Section 13 (1) (i-a) and also under Section 13 (1) (iii) of the Act.

( 7. ) THE averments of the application filed under Section 13 of the Hindu Marriage Act were denied by the appellant by filing a reply in which she has specifically pleaded that her behaviour is not cruel, she never hurled the abuses nor insisted her husband to live separately. The averments of the plaintiff in respect to her unsoundness has been specifically denied by her. The other averments in respect to the quarrel with the tenants and the landlord were also denied. It was thus, contended by the defendant wife that the application of divorce be dismissed.

( 8. ) LEARNED Trial Court framed as many as four issues. Thereafter, the parties led their evidence. The Trial Court came to hold that the plaintiff had proved his case under Section 13 (1) (i-a) and (iii) of the Act and eventually passed a decree of divorce on those grounds. Hence this appeal.

( 9. ) IN this appeal Shri R. D. Jain, learned Sr. Advocate assisted by Shri V. K. Bharadwaj, has submitted that there is no evidence to the effect that the defendant/wife was "incurably of unsound mind" or she