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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

FAMILY COURT APPEAL NO. 95 OF 2014

Danesh Madhukarrao Pahade,

Aged about 43 years,

Occ. : Service,

R/o. Vidya Vihar Hostel,

Rana Pratap Nagar, Nagpur.

…..APPELLANT

..VERSUS..

Smita Danesh Pahade,

Aged about 42 years,

Occ. : Service,

R/o. House of Shri Chopde

Guruji, Opposite House of

Gomase, Near Vitthal Tukhmini

Temple, Takli, Nagpur.

….RESPONDENT

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Mrs. Padma M. Chandekar, Advocate for appellant

Mr U. M. Aurangabadkar, Advocate for respondent

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CORAM : A. S. CHANDURKAR AND G. A. SANAP, JJ.

DATE ON WHICH ARGUMENTS WERE HEARD : 10.12.2021

DATE ON WHICH JUDGMENT IS PRONOUNCED :14.01.2022

J U D G M E N T (Per : G. A. SANAP, J.)

In this appeal, filed under Section 19 of the Family

Courts Act, 1984, challenge is to the judgment and decree dated

07.11.2008, passed by the learned Judge of the Family Court No.2,

Nagpur, whereby the learned Judge of the Family Court dismissed

the petition, filed by the appellant against the respondent for

divorce on the grounds of cruelty, desertion and mental disorder

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due to schizophrenia as provided under Section 13(1)(i-a)(i-b) and

(iii) respectively of the Hindu Marriage Act, 1955.

2]

The facts leading to this appeal are as follows:

The marriage between the appellant and respondent

took place on 04.02.1991. After marriage, the respondent came to

reside at the house of the appellant. The couple was blessed with a

daughter by name Swaroopa on 06.08.1992. It is the case of the

appellant that since beginning the respondent never acted or

behaved normally. The respondent displayed the significant traits of

mental imbalance resulting into unpleasant instances of violent

nature. The respondent used to continuously quarrel with the

appellant and his family members. The conduct and behaviour of

the respondent disturbed the peaceful atmosphere in the family of

the appellant. It is the case of the appellant that gradually the

respondent agreed that she was suffering from mental illness. She

was initially treated by their family Doctor Mr. Kishor Gojalwar.

On the advice of the family doctor she was treated by psychiatrist

Dr. Sudhir Bhave. Dr. Sudhir Bhave opined that the respondent

was suffering from depression. He prescribed the medicines. The

respondent took medicines for some time, but later on declined to

go to the Dr. Bhave and stopped taking medicines.

3]

On 18.06.1994, the respondent was taken to Dr. Bhave

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and treated by him. Dr. Bhave on examination opined that the

respondent was suffering from Schizophrenia. Doctor prescribed

the medicines. There was no improvement in the behavior of the

respondent. She suffered repeated attacks and became violent. On

one such occasion the respondent had slapped their daughter

Swaroopa. The daughter Swaroopa became unconscious. There

was bleeding from her mouth. The respondent used to mis-behave

and mentally torture the appellant. She used to pull his hair and

collar. She used to pick quarrel with all family members. The

conduct and behavior of the respondent gradually became violent.

She had been to the office of the appellant. She mis-behaved with

him. She created a scene. She dragged the appellant out of his

office. There was no improvement in her conduct and behavior.

On one occasion, they had been to Aurangabad to attend the

naming ceremony of son of Rohini Pahade. The respondent created

a scene at Aurangabad, as well. She quarreled with