In order to obtain a decree of divorce under Section 13(1)(iii) of the Hindu Marriage Act, the petitioner must prove that the mental disorder is of such an extent and magnitude or of such a kind and intensity that the petitioner reasonably cannot be expected to live with the respondent.

R.D. Shukla, J.

1. The appeal is directed against the judgment and decree dated 28.2.86 of Vth Additional Judge to the Court of District Judge, Indore passed in case No. 56/78 under Hindu Marriage Act, whereby a decree of divorce under Section 13(1)(iii) of the Act, has been granted against the appellant-wife.

2. The undisputed facts of the case are that the parties (appellant & respondent) were married according to the Hindu rites on 20th February'77. They lived together as husband and wife and a female child was born to appellant-wife on 9.1.78 out of their conjugal relations. During her pregnancy the appellant was treated by Dr. Dhodapkar. Thereafter, she was taken to hospital at Vellore on 27.7.78. She remained in the hospital upto 17.9.78. The petition for divorce has been filed on 6.11.78. Accepting the contention of the husband-respondent a decree as above has been passed. This appeal was filed on 9.4.86. The respondent made appearance on 22.8.86.

3. The petition for divorce was filed on the ground that the non-petitioner-wife (appellant here) is suffering from psycho pathic disorder which afterwards was diagonised as Schizophrenia. She is still intermittently suffering from mental disorder to such an extent that the petitioner cannot reasonably be expected to Jive with the non-petitioner. The following facts have been narrated for showing the sufferings of mental disorder :

Few days after the consumption of marriage i.e. on 25.2.77 she suffered from psycho-pathic disorder which lasted for 8 hours. At that time she was talking incoheretly. Her behaviour was irresponsible and occasionally aggressive. Her parents were called and thereafter on 27.2.77 she was taken to her father's house by her elder brother Pramod Kumar.

She came back to petitioner-husband nearly after 15 days and lived continuously for nearly 2 months. During this period she conceived. Thereafter, she suffered from recurrent depression. During pregnancy on 17.1.78 she started behaving abnormally and irresponsibly. She was taken to Dr. V.G. Dhodapkar. She was treated by him from 17.1.78 to 10.7.78.

After delivery of child the non-petitioner, wife was not taking care of that small child. During her treatment by Dr. Dhodapkar she was given electric shocks, but with no effects and during this period also her behaviour was abnormal irresponsible and irrational. She was taken to Vellore on 19.7.78. She was admitted in hospital from 22.7.78 to 16.9.78, and it was discovered that she was suffering from Schizophrenia. Even after her return from Vellore she has not recovered fully. She is still intermittently suffering from Schizophrenia. The petitioner, husband wanted decree of divorce on the ground that she is still suffering from incurable mental disorder.

4. The non-petitioner-wife (appellant here) accepted the treatment having been given by Dr. Dhodapkar and her treatment at Vellore, but denied the contention of the petitioner so far as her suffering from mental disorder from Schizophrenia is concerned. It was further pleaded by and on behalf of the wife, non-petitioner that during the pregnancy her behaviour became slightly abnormal. Her husband (petitioner) was living at other station, because of his service and was visiting her during weak ends and vacations. She was living with her in-laws and their behaviour including the behaviour of sister-in-law was not good towards her. They were passing surcasting remarks and teasing her. This caused irritation in her mind. It was further contended during evidence that she has obtained degree of B.Ed. as regular student of college at Hoshangabad and she is taking tutorial classes and coaching students. It has also been pleaded that after being treated at Vellore and after her return to her paternal house she has improved and recovered completely and she is of sound mind.

5. The learned trial Judge has found that the behaviour of non-petitioner, wife on 25.2.77 was abnormal; that she complained of mental depression ;