IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SHRI JUSTICE SHEEL NAGU &

HON'BLE SHRI JUSTICE VINAY SARAF ON THE 21^st OF FEBRUARY, 2024 FIRST APPEAL No. 478 of 2014 BETWEEN:-

RAJESH KUMAR GUPTA S/O B.R. GUPTA, AGED ABOUT 38 YEARS, OCCUPATION: CONTRACTOR R/O BICHHIYA, TEHSIL AND DISTRICT MANDLA (MADHYA PRADESH)

.....APPELLANT (BY SHRI SANJAY KUMAR PATEL - ADVOCATE ALONG WITH SHRI SUSHIL KUMAR SHARMA - ADVOCATE)

AND SMT. MOHANI GUPTA W/O RAJESH KUMAR GUPTA, AGED ABOUT 32 YEARS, R/O IN FORNT OF LALIPUR PETROL PUMP, VILLAGE LALIPUR, P.S. TEHSIL AND DISTRICT MANDLA (MADHYA PRADESH)

.....RESPONDENT (BY SHRI BHUPENDRA KUMAR MISHRA - ADVOCATE)

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This appeal coming on for hearing this day, Justice Vinay Saraf passed the following:

J U D G M E N T

By present appeal preferred under Section 19 of Family Courts Act r/w 28 of Hindu Marriage Act, 1955, appellant/husband assailed judgment and decree dated 5.4.2014 passed by Principal Judge, Family Court, Mandla in Civil Suit No.1-A/2014, whereby learned Family Court Signature Not Verified Signed by: MOHD IRFAN dismissed petition filed by appellant/husband for grant of decree of divorce. With the consent of the parties, appeal is heard finally.

2. Appellant married respondent on 11.7.2008 as per Hindu Rights and Rituals in village Lalipur, District Mandla and they were blessed with one boy on 20.04.2011, who is presently residing with wife. Hereinafter for the sake of brevity, appellant is referred as “husband” and respondent as “wife”

3. Husband filed divorce petition on 19.06.2012 u/s 13(1)(iii) of Hindu Marriage Act, 1955 (in short ‘H.M. Act’) upon allegation that when wife was residing with him, he observed that her behaviour was unnatural like she used to take bath for hours, standing at one place for long time, unable to cook food properly, forget to switch off gas burner, tried to jump from roof, doesn’t wear clothes properly etc. and found that mental condition of wife was not sound & proper.

3.1 It is further pleaded that when her unnatural behaviour was brought to knowledge of her father, he revealed that even before marriage she was under treatment of Neuro Physician Dr. M.S. Jauhri of Jauhri Hospital, Jabalpur and she is suffering from mental disease Schizophrenia. Husband took wife to Dr. Jauhri, who advice to consult with Psychiatrist Dr. Ashutosh Kapoor and treatment was started. Later on, she was treated at Netaji Subhash Chandra Bose Medical College, Jabalpur and at Manoyog Clinic, Nagpur, but her condition was not improved.

3.2 Husband stated in petition that under these circumstance, it was not possible to live with her and, after sending wife and minor son to her parental home, petition for divorce was filed by husband on the ground of mental disorder of wife enumerated in Section 13(1)(iii) of Hindu Marriage Act. According to allegations mental disease of wife is continuous and incurable and of such a kind and to such an extent that husband cannot Signature Not Verified Signed by: MOHD IRFAN reasonably accept to live with wife. Husband prayed for grant of decree of divorce.

4. Respondent/wife appeared before Family Court and denied allegations of mental disorder. She pleaded in written statement that husband asked wife to bring Rs. 50,000/- from her father and when she expressed her inability to bring amount, he treated her with cruelty and when she disclosed act of cruelty to her father, a complaint was lodged by her father on 04.09.2009 at Police Station Mandla, where husband and his family members accepted their fault and assured to behave properly in future and, thereafter, they continued residing together, however after some time husband again started beat her to fulfill his demand of money.

4.1 Wife further pleaded that husband is habitual drinker and after consuming alcohol he often beat her and abuse in filthy language. Wife raised plea in written statement that secretly sleepin