Dissolution of marriage based on mental disorder requires expert medical evidence demonstrating a condition so severe that further cohabitation is unreasonable. Cruelty as a ground for divorce must be proven through grave and weighty episodes that render life insupportable, and the burden of proving these rests entirely upon the petitioner.

Per Sujit Narayan Prasad, J.

Prayer

The instant appeal under Section 19(1) of the Family Court Act, 1984 is directed against the judgment dated 19.04.2023 passed in Original Suit No.201 of 2018 by the learned Principal Judge, Family Court, Civil Court, Giridih, whereby and whereunder, the petition filed under section 13(1) (i-a) & (iii) of the Hindu Marriage Act, 1955 by the appellant-husband against the respondent-wife has been dismissed.

Facts

2. The brief facts of the case as pleaded in the plaint having been recorded by the learned Family Judge, needs to be referred herein as:

(i) The marriage between the petitioner, Abhay Prasad (appellant herein) and the respondent, Nikki Kumari @ Nicky Kumari (respondent herein) was solemnized on 22.06.2017 at R.R.P Goenka Sewa Sadan, near Kutiya Road, Giridih as per Hindu Rites and customs prevailing in between the parties in the presence of guardian and relatives of both the parties. After solemnizing the marriage, wife/opposite party, Nikki Kumari came to his matrimonial home at Mohali Chuwan, P.S-Giridih (M), District-Giridih and both of them started to live together.

(ii) The petitioner, appellant herein has stated that in the first night, he (petitioner) found that his wife/respondent, Nikki Kumari is suffering from mental disorder and she failed and neglect to maintain the proper marital relationship with him. Since his wife suffers from a chronic and incurable mental disorder and is not in proper mental state to lead a married life.

(iii) It was further averred that the parents of his wife were informed about physical and mental condition of the respondent, then the parents of his wife came to his house and disclosed the fact that the respondent is suffering from mental disease since her childhood and they provided medicine.

(iv) The petitioner has further pleaded that his wife is suffering from a mental illness and though she was under medication, suppressing the material facts, the father of the opposite party negotiated the marriage of the opposite party and immediately after that, it was notice that there is suppression of the material facts. It has been further stated that the respondent/wife was acting in very abnormal manner, as she used to abruptly get very aggressive, hostile and suspicious nature.

(v) It has been further averred that the respondent/wife had been taken away by her parents after next day of the marriage. Thus, the respondent went to her parents’ house with her parents. The petitioner has further averred that on account of serious mental illness which is of incurable and that he cannot be expected to live with her. There is every chance of violent acts, which could be dangerous to the petitioner. The father of the opposite party fraudulently concealed the fact of mental illness of the respondent and obtained his consent by fraud. The marriage was not consummated due to mental illness of the respondent.

(vi) The petitioner/husband has further narrated that the respondent has treated him with cruelty as she has failed to provide love and affection and has failed to discharge her marital obligation. It was further pleaded that he only lived with his wif