The court held that allegations of mental illness must be substantiated by medical evidence to establish grounds for divorce under the Hindu Marriage Act.

JUDGMENT

1. Heard Mr. Sanjay Kumar, learned counsel for the appellant and Mr. P.A.S. Pati, learned counsel appearing for the respondent.

2. This appeal is directed against the judgment and decree dated 06.06.2018 (decree signed on 23.06.2018) passed by Sri Satya Prakash Sinha, learned Principal Judge, Family Court, East Singhbhum at Jamshedpur in Original Suit No. 71 of 2014, whereby and whereunder, the suit preferred by the appellant u/s 13(1) (ia), (ib) and (iii) of the Hindu Marriage Act, 1955 has been dismissed.

3. For the sake of convenience both the parties are referred to in this appeal as per their status before the learned court below.

4. The petitioner (appellant herein) had filed a suit u/s 13(1) (ia), (ib) and (iii) of the Hindu Marriage Act, 1955 for dissolution of his marriage with the respondent (respondent herein), wherein it has been stated that the marriage of the petitioner was solemnised with the respondent on 17.04.2000 at Teacher’s Colony, Dimna Road, Mango, Jamshedpur. After marriage, the respondent started residing with the petitioner at her matrimonial house at Barigora, P.S. Parsudih, Jamshedpur, but the family members of the petitioner detected abnormality in the behaviour, temperament and attitude of the respondent which fact was brought to the notice of the parents of the respondent, but they did not give any proper reply. The family members of the petitioner tolerated such abnormal behaviour in the hope that the situation in the future will turn for the better. The respondent used to take medicines behind the back of the petitioner and she used to intermittently go to her parents’ house. It has been stated that out of the wedlock of the petitioner and the respondent, a son and a daughter were born to them. After the birth of the son, the respondent completely detached herself from the petitioner and even stopped cohabiting with the petitioner. The petitioner had taken the respondent to Dr. V.R.K. Sinha, a Psychiatrist on 25.05.2010 who after making diagnosis of the patient came to a conclusion that the respondent is suffering from Schizophrenia which is an incurable disease with an advice to get the respondent treated at Ranchi Mental Hospital. The respondent was treated by Dr. Kishore, a Neuropsychiatrist, who opined that the respondent is suffering from mental disease since birth and she needs to be treated on a regular basis. The petitioner tried his best to give proper treatment to the respondent. The respondent on account of her mental illness used to misbehave with the petitioner and his family members and totally stopped having conjugal relationship with the petitioner after the birth of her son. On 13.01.2012, the petitioner took the respondent to Central Institute of Psychiatry, where she was treated by Dr. V.K. Sinha, who recommended taking of regular medicines. The petitioner had informed the parents of the respondent regarding the mental disease, the respondent was afflicted with. It has been stated that on 05.02.2012, the father of the respondent came to the house of the petitioner and requested the petitioner to send his daughter so that they will take steps to cure her. Accordingly the respondent left with her father along with her children to her parents’ place and since then, she is residing there. The respondent has not been cured of the mental illness in spite of the best efforts made by the parents of the respondent. It has been stated that during the stay at her matrimonial house, she used to abuse and assault the petitioner. The mental disease being suffered by the respondent is incurable and the marriage was performed by the parents of the respondent by suppressing such fact.

5. On being noticed, the respondent had appeared and filed a written statement in which she has denied the allegations levelled against her by the petitioner. She has stated that it was the petitioner who had forcibly taken her to her parents’ house and kept her there along with the children. Her req