{"id":35380,"date":"2011-09-30T00:00:00","date_gmt":"2011-09-29T18:30:00","guid":{"rendered":"https:\/\/www.legalindia.com\/judgments\/pankaj-mahajan-vs-dimple-kajal-on-30-september-2011"},"modified":"2016-04-14T19:25:53","modified_gmt":"2016-04-14T13:55:53","slug":"pankaj-mahajan-vs-dimple-kajal-on-30-september-2011","status":"publish","type":"post","link":"https:\/\/www.legalindia.com\/judgments\/pankaj-mahajan-vs-dimple-kajal-on-30-september-2011","title":{"rendered":"Pankaj Mahajan vs Dimple @ Kajal on 30 September, 2011"},"content":{"rendered":"
Supreme Court of India<\/div>\n
Pankaj Mahajan vs Dimple @ Kajal on 30 September, 2011<\/div>\n
Author: P.Sathasivam<\/div>\n
Bench: P. Sathasivam, B.S. Chauhan<\/div>\n
                                                                            REPORTABLE \n\n                                                                            \n\n                IN THE SUPREME COURT OF INDIA\n\n\n                 CIVIL APPELLATE JURISDICTION\n\n\n           CIVIL APPEAL NO.    8402          OF 2011\n\n       (Arising out of S.L.P. (Civil) No. 29641 of 2009)\n\n\n\n\nPankaj Mahajan                                                .... Appellant(s)\n\n\n\n            Versus\n\n\n\nDimple @ Kajal                                               .... Respondent(s)\n\n\n\n\n\n                             J U D G M E N T\n<\/pre>\n
P.Sathasivam,J.\n<\/p>\n
1)    Leave granted.\n\n\n\n2)      This   appeal   is   directed   against   the   final   judgment   and \n\n\n\n<\/pre>\n
order dated 06.08.2009 passed by the High Court of Punjab & <\/p>\n
Haryana   at   Chandigarh   in   FAO   No.   M-123   of   2006   whereby <\/p>\n
the   High   Court   allowed   the   appeal   filed   by   the   respondent <\/p>\n
herein   and   set   aside   the   judgment   and   decree   dated <\/p>\n
29.04.2006   passed   by   the   Additional   District   Judge(Ad-hoc)-\n<\/p>\n
cum-Presiding   Officer,   Fast   Track   Court,   Ropar   filed   under <\/p>\n
Section 13 of the Hindu Marriage Act, 1955 (in short `the Act’).\n<\/p>\n
                                                                                   1<\/span><\/p>\n
3)     Brief facts:\n\n\n(a)    The marriage of Pankaj Mahajan-appellant husband and \n\n\n\n<\/pre>\n
Dimple   @   Kajal,   respondent-wife,   was   solemnized   on <\/p>\n
02.10.2000   at   Amritsar.     After   the   marriage,   the   parties <\/p>\n
cohabited   and   resided   together   as   husband   and   wife   at <\/p>\n
Amritsar in the parents’ house of the appellant-husband, but <\/p>\n
later   on   shifted   to   a   rented   house   in   Tilak   Nagar,   Shivala <\/p>\n
Road, Amritsar.  On 11.07.2001, a female child was born, who <\/p>\n
is now in the custody of the respondent-wife.\n<\/p>\n
(b)    After the marriage, the appellant-husband found that the <\/p>\n
respondent-wife   was  acting  in  very  abnormal  manner,  as  she <\/p>\n
used to abruptly get very aggressive, hostile and suspicious in <\/p>\n
nature.     In   a   fit   of   anger,   she   used   to   give   threats   that   she <\/p>\n
would   bring   an   end   to   her   life   by   committing   suicide   and <\/p>\n
involve   the   appellant-husband   and   his   family   members   in   a <\/p>\n
criminal   case,   unless   she   was  provided   a  separate   residence.\n<\/p>\n
On one occasion, she attempted to commit suicide by jumping <\/p>\n
from the terrace but was saved because of timely intervention <\/p>\n
of the appellant-husband.\n<\/p>\n
                                                                                   2<\/span><\/p>\n
(c)    Succumbing   to   the   pressure   of   the   respondent-wife,   the <\/p>\n
appellant-husband shifted to a rented house on 28.11.2001 at <\/p>\n
a monthly rent of Rs.3,200\/- and started living with her, but <\/p>\n
the behaviour of the respondent-wife became more aggressive <\/p>\n
and she repeated threats of suicide even in the rented house.\n<\/p>\n
On   enquiry,   the   appellant-husband   came   to   know   that   the <\/p>\n
respondent-wife   was   suffering   from   acute   mental   depression <\/p>\n
coupled with schizophrenia even prior to the marriage and was <\/p>\n
taking treatment for the same.  The appellant-husband hoping <\/p>\n
that   the   respondent-wife   would   become   alright   took   her   to <\/p>\n
various doctors, but her mental condition did not improve and <\/p>\n
she   became   more   and   more   violent   and   aggressive.     She <\/p>\n
insulted and humiliated the appellant-husband in front of his <\/p>\n
colleagues   and   relatives   several   times   and   even   on   one <\/p>\n
occasion she pushed the appellant-husband from the staircase <\/p>\n
causing fracture in his right forearm.\n<\/p>\n
(d)    On   23.03.2002,   the   appellant-husband   wrote   a   letter   to <\/p>\n
his mother-in-law stating therein that the respondent-wife was <\/p>\n
repeatedly   threatening   to   commit   suicide   and   even   on <\/p>\n
19.04.2002,   he   wrote   a   letter   to   the   SSP,   Amritsar   regarding <\/p>\n
                                                                            3<\/span><\/p>\n
the factum of repeated threats to commit suicide given by the <\/p>\n
respondent-wife.   On 24.05.2002, the appellant-husband filed <\/p>\n
a petition under Section 13 of the Act in the District Court at <\/p>\n
Amritsar for dissolution of marriage by a decree of divorce.  By <\/p>\n
order dated 29.04.2006, the Additional District Judge, Ropar, <\/p>\n
granted a decree of divorce in favour of the appellant-husband.\n<\/p>\n
(e)    Being aggrieved by the above-said order, the respondent-\n<\/p>\n
wife   filed   FAO   No.   M-123   of   2006   before   the   High   Court   of <\/p>\n
Punjab & Haryana at  Chandigarh.   The  High Court, by order <\/p>\n
dated 06.08.2009, allowed the appeal filed by the respondent-\n<\/p>\n
wife and set aside the judgment and decree dated 29.04.2006 <\/p>\n
passed   by   the   Additional   District   Judge(Ad-hoc)-cum-\n<\/p>\n
Presiding   Officer,   Fast   Track   Court,   Ropar.     Aggrieved  by   the <\/p>\n
said decision, the appellant-husband has preferred this appeal <\/p>\n
before this Court by way of special leave petition.\n<\/p>\n
4)     Heard Mr. Nidhesh Gupta, learned senior counsel for the <\/p>\n
appellant-husband   and   Mr.   B.K.   Satija,   learned   counsel   for <\/p>\n
the respondent-wife.\n<\/p>\n
                                                                            4<\/span><\/p>\n
Discussion:\n<\/p>\n
5)    It   is   not   in   dispute   that   the   petition   for   dissolution   of <\/p>\n
marriage for granting a decree of divorce under  Section 13 of <\/p>\n
the  Act came  to  be  filed   by  the  appellant-husband  before  the <\/p>\n
District   Court   at   Amritsar.     The   marriage   was   solemnized <\/p>\n
between   the   parties   at   Amritsar   on   02.10.2000.     Since   the <\/p>\n
case of the appellant-husband  as well  as the respondent-wife <\/p>\n
has   already   been   narrated,   there   is   no   need   to   traverse   the <\/p>\n
same once again.   The fact remains that it was the appellant-\n<\/p>\n
husband who approached the court for a decree of divorce on <\/p>\n
the grounds of `cruelty’ and `unsound mind’ of the respondent-\n<\/p>\n
wife   which   is   incurable,   hence   we   have   to   see   whether   the <\/p>\n
appellant-husband   has   made   out   a   case   for   divorce   on  these <\/p>\n
grounds.\n<\/p>\n
6)    Section   13   of   the   Act,   which   is   useful   for   our   present <\/p>\n
purpose, reads as under:-\n<\/p>\n
      “13. Divorce (1) Any marriage solemnised, whether before or <\/p>\n
      after   the   commencement   of   this   Act,   may,   on   a   petition <\/p>\n
      presented by either the husband or the wife, be dissolved by <\/p>\n
      a decree of divorce on the ground that the other party–<\/p>\n<\/blockquote>\n
      (i) xxx<\/p>\n
      (i-a) has, after the solemnisation of the marriage, treated the <\/p>\n
      petitioner with cruelty; or<\/p>\n
      (ib) xxx <\/p>\n<\/blockquote>\n
      (ii) xxx <\/p>\n
                                                                                   5<\/span><\/p>\n<\/blockquote>\n
      (iii)   has   been   incurably   of   unsound   mind,   or   has   been <\/p>\n
      suffering continuously or intermittently from mental disorder <\/p>\n
      of   such   a   kind   and   to   such   an   extent   that   the   petitioner <\/p>\n
      cannot reasonably be expected to live with the respondent.<\/p>\n
      Explanation .–In this clause,–\n<\/p><\/blockquote>\n
      (a)   the   expression   “mental   disorder”   means   mental   illness, <\/p>\n
      arrested   or   incomplete   development   of   mind,   psychopathic <\/p>\n
      disorder   or   any   other   disorder   or   disability   of   mind   and <\/p>\n
      includes schizophrenia;…..”\n<\/p><\/blockquote>\n
\n<\/blockquote>\n
Section 13 specifies the grounds on which a decree of divorce <\/p>\n
may be obtained by either party to the marriage.  The onus of <\/p>\n
proving that the other spouse is incurably of unsound mind or <\/p>\n
is suffering from mental disorder lies on the party alleging it.\n<\/p>\n
It must be proved by cogent and clear evidence.\n<\/p>\n
7)    In   the   case   on   hand,   since   the   appellant-husband   has <\/p>\n
approached the District Court for a decree of divorce, the onus <\/p>\n
is on him to prove the grounds put-forth by him.   As regards <\/p>\n
the   ground   alleged   by   the   appellant-husband   for   a   decree   of <\/p>\n
divorce   i.e.   the   respondent-wife   is   suffering   from   unsound <\/p>\n
mind\/mental   disorder\/schizophrenia,   apart   from   his   own <\/p>\n
evidence as PW-4, various Doctors, who treated her and other <\/p>\n
witnesses were also examined.  From the side of the appellant-\n<\/p>\n
husband,   Dr.   Paramjit   Singh   (PW-1),   Dr.   Ravinder   Mohan <\/p>\n
Sharma (PW-2), Dr. Virendra Mohan (PW-3) and Dr. Gurpreet <\/p>\n
                                                                                         6<\/span><\/p>\n
Inder   Singh   Miglani   (PW-7),   who   had   given   treatment   to   the <\/p>\n
respondent-wife for mental disorder, were examined.\n<\/p>\n
8)    Dr. Paramjit Singh (PW-1), Professor and Head Psychiatry <\/p>\n
Department,   Medical   College,   Amritsar   in   his   evidence   stated <\/p>\n
as follows:-\n<\/p>\n
      “The   respondent   remained   admitted   in   my   Department   at <\/p>\n
      Amritsar   from   17.12.2001   to   28.12.2001.     This   disease   is <\/p>\n
      Bipolar Affective Disorder.   I treated her during this period. <\/p>\n
      She was admitted in Emergency because her disease was in <\/p>\n
      quite serious stage.   In this disease, the patient can commit <\/p>\n
      suicide.  When she came, she was aggressive and irritable.  If <\/p>\n
      the proper treatment is not given to the respondent then her <\/p>\n
      aggressive   nature   can   be   prolonged.     The   respondent   Kajal <\/p>\n
      was   treated   by   me   by   giving   electric   shock   for   four   times <\/p>\n
      during   her   stay  in  the   ward   M.R.I.  i.e.  Magnetic  Resonance <\/p>\n
      Imaging.     MRI   has   got   no   concern   with   the   disease   with <\/p>\n
      which   the   respondent   was   suffering.               This   disease   is <\/p>\n
      treatable but not curable.   I have seen the certificate issued <\/p>\n
      by me which is Ex.P1.  It bears my signatures and is correct <\/p>\n
      Ex. P2 i.e. Discharge Certificate.  I have brought the original <\/p>\n
      record of the Department concerning the respondent both in-<\/p>\n
      door   as   well   as   out-door.     A   certified   copy   of   the   same <\/p>\n
      attested by me is Ex. P3.  These are correct according to the <\/p>\n
      original   record   brought   by   me   today   in   the   court.     The <\/p>\n
      respondent   was   brought   to   the   Hospital   for   her   admission <\/p>\n
      and   treatment   by   Sh.   S.K.   Mahajan   son   of   later   Sh.   Gian <\/p>\n
      Chand and Pankaj Mahajan.   I have seen the receipts today <\/p>\n
      in   the   court   which   relate   to   our   hospital   and   the   same   are <\/p>\n
      Ex.   P4   to   Ex.   P7   and   Ex.   P8   is   the   receipt   regarding   room <\/p>\n
      rent   of   our   Hospital.     On   08.10.2002,   father   of   the <\/p>\n
      respondent   had   brought   her   to   our   hospital   and   she   was <\/p>\n
      treated by me as well as other doctors of department of our <\/p>\n
      hospital   from   08.10.2002.     After   the   discharge   from   the <\/p>\n
      Hospital,   the   respondent   was   brought   to   our   hospital   for <\/p>\n
      treatment   by   her   father   on   22.01.2002,   02.02.2002, <\/p>\n
      09.02.2002,            15.04.2002,           08.08.2002,          08.10.2002, <\/p>\n
      21.11.2002, 05.02.2003 and 20.06.2003.”<\/p>\n<\/blockquote>\n
                                                          (Emphasis supplied)<\/p>\n
                                                                                            7<\/span><\/p>\n
In cross-examination, he admitted that when the respondent-<\/p>\n<\/blockquote>\n
wife   was   discharged   from   the   hospital,   she   was   not   perfectly <\/p>\n
alright,   however,   she   was   able   to   return   home.     He   further <\/p>\n
admitted   that   in   the   original   record   of   Ex.   P3   some   entries <\/p>\n
were   made   by   him   and   some   by   junior   doctors,   who   worked <\/p>\n
with   him.     All   the   entries   made   therein   are   correct.     He   also <\/p>\n
stated that during the treatment, he  did not notice  abnormal <\/p>\n
behaviour of the respondent-wife.\n<\/p>\n
9)     Dr.   Ravinder   Mohan   Sharma   (PW-2),   Senior   Medical <\/p>\n
Officer, Punjab Mental Hospital, Amritsar, stated as under:\n<\/p>\n
      “According to file No. 57914 the patient was examined in the <\/p>\n
      out   door   by   Dr.   Charu   Chawla,   Senior   Resident   whose <\/p>\n
      handwriting   I   identified   as   she   has   been   working   with   me. <\/p><\/blockquote>\n
      After   examining   the   patient   and   recording   the   history,   she <\/p>\n
      has diagnosed her to be a case of Bipolar Affective Disorder <\/p>\n
      with   which   I   agreed   and   advised   her   treatment   in   my   own <\/p>\n
      hand.  There is another entry dated 16.01.2002 again in my <\/p>\n
      own   hand   where   I   had   advised   her   treatment.     The   second <\/p>\n
      file No. 58803 is in the hand of Dr. Purnima Singh, who after <\/p>\n
      examining presented the case to Dr. Manjit Singh who made <\/p>\n
      a   diagnosis   of   depressive   episode   and   advised   her   medical <\/p>\n
      treatment dated 21.02.2002.   I identified the handwriting of <\/p>\n
      Dr.   Purnima   Singh   and   Dr.   Manjit   Singh   as   I   had   been <\/p>\n
      working with them.  I have seen the original outdoor ticket of <\/p>\n
      respondent and the same are Ex. P11 and Ex. P12.   As per <\/p>\n
      the history recorded in file No. 58803,  there is a mention of <\/p>\n
      suicide   ideas   and   threats   and   it   is   recorded   that   she   had <\/p>\n
      attempted suicide once.   As per the record, hers is a history <\/p>\n
      of abusive and irritable behaviour.   On 16.01.2002 she was <\/p>\n
      advised   injection   by   me   because   she   was   irritable   and <\/p>\n
      restless.   It is not a simple yes or no answer to the question <\/p>\n
                                                                                        8<\/span><\/p>\n
       whether   the   disease   is   curable   or   not.     It   is   an   episodic <\/p>\n
       illness   which   patient   getting   episodes   of   mental   illness   and <\/p>\n
       with   treatment   in   between   she   can   remain   normal.     The <\/p>\n
       intensity   and   frequency   of   these   episodes   is   highly <\/p>\n
       unpredictable and varies from patient to patient.   Generally, <\/p>\n
       the   frequency   increases   with   every  episode.    The   disease   of <\/p>\n
       the   respondent   is   treatable   but   cannot   be   definitely   say <\/p>\n
       curable.     MRI   has   got   nothing   to   do   with   this   disease   of <\/p>\n
       respondent.”                                         (Emphasis supplied)<\/p>\n
In   cross-examination,   he   reaffirmed   what   he   had   stated   in <\/p>\n
examination-in-chief.\n<\/p>\n
10)    Dr.   Virendra   Mohan   (PW-3),   M.D.   Psychiatry, <\/p>\n
Dharampur, District Solan, H.P. stated as follows:-\n<\/p>\n
       “Patient Dimple, aged 23 years, female (single) d\/o Shri Prem <\/p>\n
       Kumar,   village   Shivaji   Nagar,   House   No.   810\/11   Ludhiana <\/p>\n
       was admitted on 22.05.1998 and discharged on 06.06.1998. <\/p>\n
       She   was   suffereing   from  mental  disorder  at  that  time.    She <\/p>\n
       was   diagnosed   as   Chronic   Paramoid   Schizophrenia   for   the <\/p>\n
       last   four   years.     She   got   admitted   by   her   father   Shri   Prem <\/p>\n
       Kumar, and the history of the patient was described to me.  I <\/p>\n
       have recorded the history as told by her father.  He told that <\/p>\n
       she   was   having  mental   symptoms  for the  last  4  to  5  years. <\/p>\n
       The   sleep   was   less.     She   was   having   acute   psychotic <\/p>\n
       symptoms   at   the   time   of   admission.     I   have   mentioned   the <\/p>\n
       history   of   the   patient   in   the   register   which   I   have   brought <\/p>\n
       today, and the attested true copy of the same is Ex.PW3\/As <\/p>\n
       she was admitted in-door because she showed acute mental <\/p>\n
       symptoms.   She had paranoid symptoms.   She was suicidal <\/p>\n
       and   also   she   could   harm   herself   and   others.     The   patient <\/p>\n
       was restless and she could harm and attack others as well, <\/p>\n
       and could cause injury.   It has been recorded in the history <\/p>\n
       of   the   patient   that   her   Nana   had   been   suffering   from   the <\/p>\n
       mental   disease.     There   was   no   test   for   diagnosing   this <\/p>\n
       disease from which the respondent was suffering.   Only the <\/p>\n
       history   tells   about   the   earlier   condition   of   the   patient.     I <\/p>\n
       cannot   say   if   the   disease   for   which   the   respondent   was <\/p>\n
       suffering is definitely curable or not.   This disease is known <\/p>\n
                                                                                           9<\/span><\/p>\n
      for relapses.   There is no direct relationship in the stress or <\/p>\n
      strain with the disease.  This disease is not related to nose or <\/p>\n
      throat.  There can be no finding in MRI regarding this kind of <\/p>\n
      disease.    There   may   be   suicidal   tendency   of   such   type   of <\/p>\n
      person   suffering   from   this   disease.     The   respondent   was <\/p>\n
      admitted in the hospital due to abnormal behaviour.    I had <\/p>\n
      observed   that   she   passed  stool  in   her   cloth,   she   has  visual <\/p>\n
      hallucination.    During   her   admission,   she   also   stated   that <\/p>\n
      she wanted to marry her cousin and she was also laughing <\/p>\n
      herself.     She   was   admitted   twice   in   my   mental   Hospital   at <\/p>\n
      Dharampur.   I got signatures of father of the respondent in <\/p>\n
      my register, whenever she got admitted by her father in my <\/p>\n
      hospital and the register bears the signatures of her father. <\/p>\n
      Second time, she was admitted by her father Prem Kumar on <\/p>\n
      28.09.1999   and   was   discharged   on   05.10.1999.     That   time <\/p>\n
      she was more excited and more elated and at that time the <\/p>\n
      diagnosis was quarry mania.  This time she did not have any <\/p>\n
      paranoid   symptoms.     Her   address   was   recorded   this   time <\/p>\n
      810\/11 Shivaji Nagar, Ludhiana.  Usually, if patient remains <\/p>\n
      symptoms free for two years they can get married, but other <\/p>\n
      partner   should   know   the   problem   so   that   the   treatment <\/p>\n
      should be continued.”\n<\/p><\/blockquote>\n
\n<\/blockquote>\n
                                                       (Emphasis supplied)<\/p>\n
In   cross-examination,   PW-3   stated   that   during   the   treatment <\/p>\n
in his hospital, the respondent-wife responded very well to the <\/p>\n
treatment.     No   suicidal   action   was   taken   by   her   during   the <\/p>\n
treatment in his hospital for the second time.   He also stated <\/p>\n
that   if   the   patient   remained   symptoms   free   then   she   is <\/p>\n
manageable.     According   to   him,   as   per   the   records,   the <\/p>\n
respondent-wife was manageable.\n<\/p><\/blockquote>\n
\n
                                                                                       1<\/span><\/p>\n<\/blockquote>\n
11)     Dr.   Gurpreet   Inder   Singh   Miglani   (PW-7),   Associate <\/p>\n
Professor and Incharge, Department of Psychiatry, Guru Ram <\/p>\n
Dass Medical Hospital, Amritsar stated as under:-\n<\/p>\n
       “I   remained   posted   in   Guru   Teg   Bahadur   Sahib   Charitable <\/p>\n
       Hospital   at   Ludhiana   from   1995   to   1998.     I   was   working <\/p>\n
       there as Consultant for Psychiatry.   I have seen the original <\/p>\n
       file produced in the Court today relating to Dimple d\/o Prem <\/p>\n
       Kumar   r\/o   Shastri   Nagar,   H.No.   257-A   Ludhiana.     Dimple <\/p>\n
       was   got   admitted   in   our   Hospital   on   15.06.1996   at   06:50 <\/p>\n
       a.m. by her father Prem Kumar in the Emergency Ward.  She <\/p>\n
       was   suffering   from   a   very   violent   behaviour   and  she  has   to <\/p>\n
       be given Electric Convulsive Therapy (ECT) on the same day <\/p>\n
       in the operation theater.    Subsequently also five ECTs were <\/p>\n
       given   as   her   violence   was   not   being   controlled   along   with <\/p>\n
       other anti psychotic drugs.  A diagnosis of F 2004 was made <\/p>\n
       according to ICD 10 at the time of discharge on 15.07.1996. <\/p>\n
       She   was   labeled   as   suffering   from   Paranoid   Schizophrenia <\/p>\n
       with   incomplete   remission   and   discharged   on   stable <\/p>\n
       condition.   Due consent for ECTs in operation theater under <\/p>\n
       general   anesthesia   were   taken   from   the   father   of   the <\/p>\n
       patient.”\n<\/p><\/blockquote>\n
<\/blockquote>\n
                                                        (Emphasis supplied) <\/p>\n
In cross-examination, he has stated that he cannot say exactly <\/p>\n
about   the   disease   of   the   respondent-wife   whether   it   can   be <\/p>\n
treatable   or   not   at   this   stage.     He   further   stated   that   the <\/p>\n
disease   of   the   respondent   can   be   cured   or   it   can   aggravate <\/p>\n
after a lapse of time.\n<\/p><\/blockquote>\n
\n<\/blockquote>\n
12)    It   is   relevant   to   point   out   that   the   documents   produced <\/p>\n
from   the   side   of   the   respondent-wife,   particularly,   medical <\/p>\n
                                                                                        1<\/span><\/p>\n
report   issued   by   Dr.   Harjeet   Singh,   Consultant   Psychiatrist, <\/p>\n
RW-4  shows as:\n<\/p>\n
       “Impression:   Bipolar   Affective   (Mood)   Disorder,   currently   in <\/p>\n
       remission.”\n<\/p><\/blockquote>\n
       “Advice:   marital   therapy   for   the   couple.     Follow   up   as   and <\/p>\n
       when required.”\n<\/p><\/blockquote>\n
\n<\/blockquote>\n
The   said   Report   has   been   marked   as   Annexure   R10.     A   fair <\/p>\n
typed   copy   of   relevant   extract   of   Ex.   P3   shows   that   “Mood <\/p>\n
according   to   patient   is   euthenics.”     The   Annexure   along   with <\/p>\n
the counter affidavit of the respondent-wife filed in this Court, <\/p>\n
particularly,   Certificate   issued   by   the   Doctor   refers   “suicide <\/p>\n
threats made by her on some occasions”.\n<\/p>\n
13)    The   appellant-husband   was   examined   as   PW-4.\n<\/p>\n
According   to   him,   the   marriage   with   respondent-wife   was <\/p>\n
solemnized   on   02.10.2000   and   it   was   an   arranged   marriage.\n<\/p>\n
After marriage, both of them went to Vaishno Devi, however, in <\/p>\n
the meanwhile he noticed some strange facial expressions and <\/p>\n
behaviour of his wife-Dimple.   He subsequently came to know <\/p>\n
that she was suffering from some serious disease.  She used to <\/p>\n
become   annoyed   and   angry   on   petty   issues,   abuse   and   fight <\/p>\n
with   him,   flaunt   her   father’s   status   and   influence,   comb   her <\/p>\n
hair throughout the day, cry like children, apply brakes of   a <\/p>\n
                                                                                         1<\/span><\/p>\n
moving vehicle, call strangers in the house and offer them tea.\n<\/p>\n
Even once she called a washerman in the house and gave him <\/p>\n
Rs.   200\/-   unnecessarily   and   when   he   said   `thanks’   she <\/p>\n
immediately snatched the money from his hands and slapped <\/p>\n
him for no reason and, thereafter, she abused him and pushed <\/p>\n
him   out   of   the   house.     According   to   him,   such   things   had <\/p>\n
become her everyday chores.  She used to wake up very late in <\/p>\n
the   morning.     Whenever   his   mother   and   sister   called   her   to <\/p>\n
join them, she started abusing and insulting them.   She used <\/p>\n
to call his mother stupid and his sister as wretched.  One day, <\/p>\n
when his friend Sumit came to their house,  she insulted him <\/p>\n
when he was sitting in the drawing room on the ground floor <\/p>\n
and   when   the   appellant-husband   was   coming   down   to   join <\/p>\n
him,   she   pushed   him   from   stairs   and   started   laughing,   as   a <\/p>\n
result, he fell down and got fractured.  She was in the habit of <\/p>\n
listening to phone calls of Madan Lal, the landlord (PW-5) and <\/p>\n
used   to   abuse   his   relatives   over   phone.     One   day,   when   the <\/p>\n
landlord (PW-5) told them that he is fed up with the appellant <\/p>\n
and   his   family   and   asked   to   leave   the   house   immediately <\/p>\n
thereupon, the respondent-Dimple slapped him on his face for <\/p>\n
                                                                            1<\/span><\/p>\n
which   he   had   to   apologise   him   for   her   acts.     Even,   one   day, <\/p>\n
she threw the infant child towards him.\n<\/p>\n
14)    In order to show that his marriage was an arranged one <\/p>\n
he explained  that  he knows the father  of the respondent-wife <\/p>\n
prior   to   the   marriage   as   he   was   his   Boss   in   Life   Insurance <\/p>\n
Corporation   office,   Amritsar   Division.     He   worked   under   him <\/p>\n
for   a   period   of   6-8   months.     He   further   explained   that   the <\/p>\n
behaviour  of the  respondent-wife   came  to  his notice  after  1= <\/p>\n
months’ after their marriage and he immediately disclosed this <\/p>\n
fact to her father.  The treatment was given to the respondent-\n<\/p>\n
wife   for   the   first   time   on   06.09.2001   for   her   abnormal <\/p>\n
behaviour.\n<\/p>\n
15)    Another   important   witness   examined   on   the   side   of   the <\/p>\n
appellant-husband   is   Madan   Lal   (PW-5),   the   landlord,   who <\/p>\n
rented his house to them.  In his evidence, PW-5 deposed that <\/p>\n
he is resident of H.No. 62, Tilak Nagar, Amritsar and his wife <\/p>\n
is   also   residing   with   him.     He   rented   out   a   portion   of   the <\/p>\n
building to the appellant-husband and respondent-wife which <\/p>\n
was   on   the   first   floor.     He   and   his   wife   were   residing   on   the <\/p>\n
ground floor.   According to PW-5, the respondent-wife usually <\/p>\n
                                                                                   1<\/span><\/p>\n
remained   sitting   in   the   portion   of   his   house   during   the   day <\/p>\n
time where he is residing with his family unless and until the <\/p>\n
appellant-husband   return   home.     She   used   to   sit   with   his <\/p>\n
daughter   and   daughter-in-law   and   remained   talking   with <\/p>\n
them.  She also quarrels with his wife and daughter due to the <\/p>\n
use of  telephone.     He  explained  that  his daughter-in-law told <\/p>\n
him   that   the   respondent-wife   often   threatens   to   commit <\/p>\n
suicide.   The High Court, without looking into the evidence of <\/p>\n
Madan   Lal   (PW-5),   erroneously   concluded   that   his   evidence <\/p>\n
was   of   no   help.     On   the   other   hand,   PW-5   has   specifically <\/p>\n
narrated   the   behaviour   of   the   respondent   with   his   wife, <\/p>\n
daughter-in-law and the agony he himself had undergone and <\/p>\n
highlighted all those details in the Court.\n<\/p>\n
16)    Apart   from   the   above   oral   evidence,   the   appellant-\n<\/p>\n
husband has also pressed into service a copy of an affidavit of <\/p>\n
the   respondent-wife   i.e.   Annexure-R3.     In   the   said   affidavit, <\/p>\n
the respondent-wife has stated that she threatened to commit <\/p>\n
suicide   so   many   times   to   her   in-laws   and   she   even   tried   to <\/p>\n
commit suicide by way of jumping from the roof of the house <\/p>\n
on   the   intervening   night   of   19-20.09.2001   but   could   not <\/p>\n
                                                                             1<\/span><\/p>\n
succeed due to timely intervention of her  husband.   She also <\/p>\n
stated   that   she   realized   that   her   attempt   to   commit   suicide <\/p>\n
was  at  the   instance   of  her   parents  and   now she  is   repentant <\/p>\n
for her actions for threatening to commit suicide and apologise <\/p>\n
for   the   same   with   the   assurance   not   to   repeat   such   type   of <\/p>\n
actions in future.\n<\/p>\n
17)    Though the trial Court accepted the claim of cruelty, the <\/p>\n
High   Court   reversed   the   said   conclusion   and   completely <\/p>\n
rejected the claim of divorce even under unsound mind.  In the <\/p>\n
impugned   judgment,   though   the   High   Court   has   adverted   to <\/p>\n
the   evidence   of   four   doctors,   without   proper   appreciation, <\/p>\n
arrived   at   an   erroneous   conclusion   that   mere   evidence   of <\/p>\n
mental   illness   is   not  sufficient   to   seek   decree   for   divorce.     In <\/p>\n
spite   of   abundant   materials,   unfortunately,   the   High   Court <\/p>\n
has   erroneously   concluded   that   only   wordings   of   Section <\/p>\n
13(1)(iii)  of the Act  were merely reproduced without adverting <\/p>\n
to   the   facts   of   the   case.     According   to   the   High   Court, <\/p>\n
necessary   materials   were   not   pleaded.     We   are   unable   to <\/p>\n
accept   the   said   conclusion.   Without   proper   discussion   and <\/p>\n
adequate reasons, the High Court rejected the evidence of the <\/p>\n
                                                                                 1<\/span><\/p>\n
appellant-husband as PW-4.   A perusal of his evidence clearly <\/p>\n
show the agony and treatment meted out immediately after the <\/p>\n
marriage   due   to   mental   disorder\/unsound   mind   of   the <\/p>\n
respondent-wife.\n<\/p>\n
18)    From the materials placed on record, we are satisfied that <\/p>\n
the appellant-husband has brought cogent materials on record <\/p>\n
to   show   that   the   respondent-wife   is   suffering   from   mental <\/p>\n
disorder, i.e.,  Schizophrenia.    From the side of  the appellant-\n<\/p>\n
husband, various doctors and other witnesses were examined <\/p>\n
to   prove   that   the   respondent-wife   was   suffering   from   mental <\/p>\n
disorder.   We have  already  extensively  quoted  the  statements <\/p>\n
of   Dr.   Paramjit   Singh   (PW-1),   Dr.   Ravinder   Mohan   Sharma <\/p>\n
(PW-2),   Dr.   Virendra   Mohan   (PW-3)   and   Dr.   Gurpreet   Inder <\/p>\n
Singh Miglani  (PW-7) – all  the four  doctors\/Psychiatrists  who <\/p>\n
treated   the   respondent-wife,   prescribed   medicines   and   also <\/p>\n
expressed the view that it is “incurable”.  Even the respondent-\n<\/p>\n
wife   and   her   father   themselves   admitted   in   their   cross-\n<\/p>\n
examination   that   the   respondent   had   taken   treatment   from <\/p>\n
the said Doctors for mental illness.   Thus, it is proved beyond <\/p>\n
doubt   that   the   respondent-wife   is   suffering   from   mental <\/p>\n
                                                                         1<\/span><\/p>\n
disorder\/Schizophrenia   and   it   is   not   reasonably   expected   to <\/p>\n
live with her and the appellant-husband has made out a case <\/p>\n
for   a   decree   of   divorce   and   the   decree   should   have   been <\/p>\n
granted   in   favour   of   the   appellant-husband   and   against   the <\/p>\n
respondent-wife.\n<\/p>\n
19)    The High Court, by impugned order, negatived the plea of <\/p>\n
the   appellant-husband   under   Section   13(1)(iii)   of   the   Act   on <\/p>\n
the ground that the appellant-husband has merely reproduced <\/p>\n
the wordings of the Section without applying the same to the <\/p>\n
facts of the case and that it was not pleaded that it was a case <\/p>\n
of   continuous   or   intermittent   disorder.           The   aforesaid <\/p>\n
reasoning   of   the   High   Court   is   completely   erroneous   and <\/p>\n
contrary   to   the   material   on   record   which   we   have   already <\/p>\n
demonstrated.\n<\/p>\n
20)    Coming   to   the   pleadings   before   the   High   Court,   the <\/p>\n
appellant-husband   had   specifically   pleaded   that   the <\/p>\n
respondent-wife  was suffering from Schizophrenia, which is a <\/p>\n
kind   of   mental   disorder   and   he   had   pointed   out   specific <\/p>\n
incidents   to   show   that  the   respondent-wife   was   not   of  sound <\/p>\n
                                                                          1<\/span><\/p>\n
mind.   The relevant portion of the petition for divorce filed by <\/p>\n
the appellant is reproduced hereunder:\n<\/p>\n
     “4.   That the petitioner shortly after his marriage found the <\/p>\n
     respondent   to   be   acting   in   a   very   abnormal   manner.     She <\/p>\n
     would abruptly get very aggressive, hostile and suspicious in <\/p>\n
     nature, ought to hit any body available in her company and <\/p>\n
     her   suspicion   would   go   to   such   an   extent   that   she   should <\/p>\n
     not   like   to   take   food   without   some   other   member   of   the <\/p>\n
     family consuming the same.  The respondent would also in a <\/p>\n
     fit of anger  declare  that she  will bring an end to her life by <\/p>\n
     committing suicide and would have the petitioner and all the <\/p>\n
     family members involved in a false criminal case unless she <\/p>\n
     was provided with separate place of residence…….Enquiries <\/p>\n
     made   in   the   meantime   revealed   that   the   respondent   has <\/p>\n
     been   suffering   from   acute   mental   depression   coupled   with <\/p>\n
     Schizophrenia,   a   mental   disorder   and   illness   at   intervals <\/p>\n
     with   Psychopathic   disorder   since   developed   into   mania, <\/p>\n
     which   prompted   her   to   become   more   and   more   violent   and <\/p>\n
     aggressive and on one such occasion she repeated threat of <\/p>\n
     suicide and attempted jumping from the house of her in-laws <\/p>\n
     on 19\/20.09.2001 but could not succeed in her attempt due <\/p>\n
     to timely intervention of her husband, who is the petitioner…<\/p>\n
     ……All   the   same   hoping   that   treatment   may   cure   the <\/p>\n
     respondent   she   was   got   treated   by   the   petitioner   and   her <\/p>\n
     parents   from   various   places   in   connection   with   her   mental <\/p>\n
     illness   but   such   treatment   provided   to   her   including <\/p>\n
     administering her electric shocks, did not improve the state <\/p>\n
     of affairs.  She was so treated as indoor and outdoor patient <\/p>\n
     in Shri Guru Teg Bahadur Hospital, Amritsar in Psychiatric <\/p>\n
     Department in Dr. Vidya Sagar Mental Health Institute and <\/p>\n
     in Bhatti  Neuro Psychiatric  Hospital  till the  end of the year <\/p>\n
     2001 but all the intensive and costly treatment did not yield <\/p>\n
     fruit and she could not be cured of her mental sickness.  The <\/p>\n
     respondent   is,   therefore,   suffering   from   major   mental <\/p>\n
     disorder   in   which   she   has   suicidal   tendency   and   becomes <\/p>\n
     aggressive   and   violent   in   her   behaviour   for   which   she   was <\/p>\n
     getting   treatment,   as   referred   above,  before   as   well   as   after <\/p>\n
     the   marriage.     She   has   been   given   anti-psychic   treatment <\/p>\n
     and   even   electric   therapy   at   four   occasions   at   least   to   the <\/p>\n
     knowledge   of   the   petitioner   but   the   things   did   not   improve <\/p>\n
     therewith.     The   respondent   has,   therefore,   been   suffering <\/p>\n
     incurably   from   unsoundness   of   mind   and   has   been   so <\/p>\n
     suffering continuously or intermittently from mental disorder <\/p>\n
                                                                                         1<\/span><\/p>\n
      of such a kind and such an extent that the petitioner cannot <\/p>\n
      reasonably be expected to live with the respondent.<\/p>\n<\/blockquote>\n
      5.    That  on one  such occasion  under  the  fit  of  insanity  the <\/p>\n
      respondent pushed the petitioner from the staircase leading <\/p>\n
      to their residential portion causing the petitioner fracture of <\/p>\n
      right   hand   for   which   he   got   treatment   from,   Dr.   Hardas <\/p>\n
      Singh   Sandhu   in   the   last   week   of   November,   2001.     Such <\/p>\n
      aggressiveness was not first of its kind and in the past also <\/p>\n
      the respondent under the fit of insanity ventured to slap the <\/p>\n
      petitioner in his face in the presence of his parents…..”<\/p>\n<\/blockquote>\n
The   above   averments   make   it   clear   that   the   appellant-\n<\/p>\n
husband,   after   narrating   specific   incidents   of   abnormal <\/p>\n
behaviour   of   the   respondent-wife   had   duly   pleaded   that   she <\/p>\n
was   suffering   continuously\/intermittently   from   `incurable’ <\/p>\n
mental disorder of such a nature that he cannot be reasonably <\/p>\n
expected to live with her.   It was also stated therein that due <\/p>\n
to her unsoundness, the respondent-wife was not able to lead <\/p>\n
a married life and thus the appellant-husband was entitled to <\/p>\n
a   decree   of   divorce.     Apart   from   this,   the   appellant-husband <\/p>\n
had   brought   cogent   evidence   on   record   to   show   that   the <\/p>\n
respondent-wife   was   not   in   a   fit   state   of   mind   whereas   the <\/p>\n
respondent-wife   could   not   lead   any   acceptable   evidence   to <\/p>\n
rebut   the   same.     We   have   already   pointed   out   that   the <\/p>\n
respondent   and   her   father   admitted   her   mental   illness   and <\/p>\n
                                                                                    2<\/span><\/p>\n
periodic   treatment   from   the   doctors   mentioned   above.     No <\/p>\n
doubt,   it  was   pointed   out   that  after   the   marriage,   the   couple <\/p>\n
was blessed with a female child and at present she is studying <\/p>\n
in a school and there is no dispute about the same.  It is clear <\/p>\n
from  the   respondent’s  evidence  that  from   the  date  of  delivery <\/p>\n
of child, the child was periodically taken care of by her grand-\n<\/p>\n
parents.  It is also relevant to note that whenever the child was <\/p>\n
with   respondent-wife,   she   (the   mother)   was   not   taking <\/p>\n
appropriate   care   which   is   clear   from   the   evidence   of   the <\/p>\n
appellant-husband   (PW-4)   and   their   landlord,   Madan   Lal <\/p>\n
(PW-5).   One incident which was referred to was that many a <\/p>\n
times   the   respondent-wife   casually   threw   the   child   facing <\/p>\n
opposite   to   her.     Under   these   circumstances,   the   High   Court <\/p>\n
ought to have accepted the case of the appellant-husband.\n<\/p>\n
21)    The   High   Court   rejected   the   plea   of   the   appellant-\n<\/p>\n
husband regarding cruelty on the ground that apart from his <\/p>\n
statement, there is no evidence to prove the same and Madan <\/p>\n
Lal   (PW-5),   being   hearsay,   his   evidence   was   not   reliable.     As <\/p>\n
rightly   pointed   out   by   Mr.   Nidhesh   Gupta,   learned   senior <\/p>\n
counsel   for   the   appellant-husband   that   as   far   as   Madan   Lal <\/p>\n
                                                                             2<\/span><\/p>\n
(PW-5)   is   concerned,   the   High   Court   has   only   referred   to   his <\/p>\n
cross-examination without even adverting to the examination-\n<\/p>\n
in-chief   wherein   he   had   categorically   stated   about   cruelty <\/p>\n
meted out by respondent-wife to the appellant-husband.   The <\/p>\n
relevant portion of the evidence of PW-5 is as follows:\n<\/p>\n
      “Thereafter Pankaj Mahajan, his wife Dimple alias Kajal and <\/p>\n
      their   infant   child   aged   about   4-5   months   started   living   on <\/p>\n
      the upper portion of my house.   They lived in my house on <\/p>\n
      rent   upto   30.11.2002.     After   some   days   of   taking   of   the <\/p>\n
      house   on   rent   by   them,   I   felt   that   the   girl   Dimple   was   not <\/p>\n
      taking   any   interest   in   household   affairs   and   she   used   to <\/p>\n
      avoid doing household works………..\n<\/p><\/blockquote>\n
\n
      ……….She used to sit idle after Pankaj’s going to office and <\/p>\n
      was   not   breast-feeding   the   child   even   after   child’s <\/p>\n
      uncontrollable crying.  Not only this, she used to come down <\/p>\n
      and   sit   in   our   bedroom   for   long   hours   unnecessarily   and <\/p>\n
      talking rubbish and repeating  on the same thing again and <\/p>\n
      again.     Many   times   when   I   asked   Dimple   why   she   behaves <\/p>\n
      like this and whether she is alright or not, then she did not <\/p>\n
      reply back and kept mum and whenever she answered to my <\/p>\n
      queries, she used to say that I want to die and my heart says <\/p>\n
      that   I   should   commit   suicide.     When   I   heard   this   from   the <\/p>\n
      mouth of Dimple, I become doubly sure that she is mentally <\/p>\n
      unsound and due to her unsound behaviour even my family <\/p>\n
      too   become   disturbed   and   started   living   in   constant   fear <\/p>\n
      because   it   appeared   from   her   behaviour   that   she   will   do <\/p>\n
      something   extreme   one   day   and   if   she   does   so,   then   apart <\/p>\n
      from   her   in-laws,   all   of   us   too   will   be   unnecessarily <\/p>\n
      implicated in the criminal case.  Dimple used to come to our <\/p>\n
      house   during   lunch   time   and   demand   food   for   herself   and <\/p>\n
      used to sit in our house for long hours and whenever Pankaj <\/p>\n
      used to come back from his office, she used to tell him that <\/p>\n
      we   will   go   to   our   portion   after   taking   meals   from   us.     She <\/p>\n
      used   to   repeat   one   thing   many   times.     One   day,   she   even <\/p>\n
      went to the extent of saying that you are cooking food every <\/p>\n
      day-then   why   don’t   you   keep   us   as   your   paying   guest <\/p>\n
      because I cannot prepare food myself and I also cannot look <\/p>\n
      after   my   child.   Mostly  Dimple   used  to  leave   her  child  with <\/p>\n
                                                                                             2<\/span><\/p>\n
      my   daughter-in-law   and   request   my   daughter-in-law   that <\/p>\n
      she   should   change   clothes,   bath   the   child   and   give   her <\/p>\n
      canned milk.   My daughter-in-law did all this for 5-6 times, <\/p>\n
      but one day my daughter-in-law clearly told Dimple that this <\/p>\n
      is your duty and she herself should look after the child.  On <\/p>\n
      hearing all this, Dimple immediately turned red in anger and <\/p>\n
      slapped my daughter-in-law and called her idiot.”<\/p>\n<\/blockquote>\n
It is clear from the above that the respondent-wife was not of <\/p>\n
sound   mind   and   she   did   not   look   after   the   household   work <\/p>\n
rather she used to give threats to commit suicide.  She did not <\/p>\n
even   make   food   for   the   appellant-husband   and   he   had   to <\/p>\n
arrange the same from outside.   Apart from this, she used to <\/p>\n
embarrass the appellant-husband  before his landlord’s family <\/p>\n
and   because   of   her   weird   behaviour   and   threats   to   commit <\/p>\n
suicide, the appellant-husband was forced to leave the rented <\/p>\n
accommodation.     Madan   Lal,   the   landlord,   PW-5   has   also <\/p>\n
highlighted   several   instances   when   the   respondent-wife   used <\/p>\n
to quarrel with her husband and he had to face humiliation in <\/p>\n
front of others because of her behaviour.   Inasmuch as PW-5 <\/p>\n
was   living   in   the   same   house   on   the   ground   floor   and   the <\/p>\n
appellant-husband and the respondent-wife were living on the <\/p>\n
first floor, the said witness being the eye-witness to the cruelty <\/p>\n
meted   out   by   the   respondent-wife   to   the   appellant-husband, <\/p>\n
                                                                                   2<\/span><\/p>\n
as he had himself seen the behaviour and the activities of the <\/p>\n
respondent-wife   including   humiliation   and   threats   of <\/p>\n
committing   suicide,   cannot   be   thrown   out.     Under   those <\/p>\n
circumstances,   the   observation   of   the   High   Court   that   the <\/p>\n
statement of PW-5 is only hearsay is liable to be rejected.\n<\/p>\n
22)    In   addition   to   the   evidence,   the   appellant-husband   had <\/p>\n
categorically   pleaded   in   his   petition   for   divorce   about   the <\/p>\n
cruelty meted out to him.  He narrated the incidents when she <\/p>\n
used   to   give   threats   to   commit   suicide   and   had   even  tried  to <\/p>\n
commit suicide by jumping from the terrace and also pushed <\/p>\n
him   from   the   staircase   resulting   in   fracture   in   his   right <\/p>\n
forearm.     Due   to   her   mental   disorder,   on   various   occasions, <\/p>\n
she even slapped him.  She was also most disrespectful to his <\/p>\n
parents and she even forced him to live separately from them.\n<\/p>\n
His   evidence   in   the   form   of   an   affidavit   filed   before   the   trial <\/p>\n
Court   is   available   in   the   paper   book   wherein   he   narrated   all <\/p>\n
the   sufferings   meted   out   by   her.     It   is   useful   to   refer   the <\/p>\n
relevant portion from the same:\n<\/p>\n
       “My wife Dimple used to become annoyed and angry on petty <\/p>\n
       issues.   She used to abuse and fight with me.   She used to <\/p>\n
       flaunt her father’s status and influence.   She used to comb <\/p>\n
       her hair throughout the day.   She used to cry like children. <\/p>\n
                                                                                  2<\/span><\/p>\n<\/blockquote>\n
She used to apply brakes of a moving vehicle.   She used to <\/p>\n
call   strangers   in   the   house   and   offer   them   tea.     Once   she <\/p>\n
even   called   a   washerman   in   the   house   and   gave   him   Rs.\n<\/p>\n
200\/-   unnecessarily   and   when   he   said   thanks   she <\/p>\n
immediately snatched Rs. 200\/- from his hands and slapped <\/p>\n
him for no rhyme or reason  and thereafter she abused  him <\/p>\n
and pushed him out of the house.   In fact, such things had <\/p>\n
become her everyday chores.  She used to tell me everything <\/p>\n
about   sex   lives   and   relationship   of   her   maternal   uncle   and <\/p>\n
aunt.  She was in the habit of not sleeping throughout night <\/p>\n
and   also   used   to   keep   me   awake   throughout   night   and <\/p>\n
whenever I tried to sleep, she used to insist me to talk to her <\/p>\n
and   whenever   I   told   her   to   allow   me   to   sleep,   she   used   to <\/p>\n
press   my   neck.     She   used   to   wakeup   the   child   from   deep <\/p>\n
slumber   and   start   slapping   her   for   no   reason.     She   was   in <\/p>\n
the   habit   of   wrapping   the   child   in   wrapper   throughout <\/p>\n
continuously   and   due   to   which   child   used   to   weep <\/p>\n
continuously.     She   used   to   say   that   she   is   obsessed   and <\/p>\n
hears outer world’s voices and barking of dogs.  She used to <\/p>\n
tell me that she is regularly seeing evil spirits.   She used to <\/p>\n
go   out   for   roaming   at   2-3   a.m.   in   the   night.     Whenever   I <\/p>\n
refused to listen or agree to her demands, she used to throw <\/p>\n
dirty clothes upon me.  She was in the bad habit or keeping <\/p>\n
the door of toilet opened throughout the day even while she <\/p>\n
was   bathing   or   refreshing   herself.     She   used   to   doubt <\/p>\n
everything   whenever   she   started   eating   her   food.     She   also <\/p>\n
used   to   doubt   her   mother   and   sister   and   used   to   say   that <\/p>\n
both of them have immoral character.   She was in the habit <\/p>\n
of opening and closing the central locking system of the car.\n<\/p>\n
She   was   in  the   habit   of  increasing   the   volume   of  TV  to   the <\/p>\n
maximum   unnecessarily.     Whenever   I   used   to   go   to   office, <\/p>\n
she   used   to   stop  me  from   going   and   when   I   told   her   that   I <\/p>\n
have   to   go   to   office,   she   used   to   say   that   she   will   commit <\/p>\n
suicide.  In fact she was in the habit of pressing and coaxing <\/p>\n
me   for   all   her   needs   and   desires.     She   used   to   say   that   I <\/p>\n
want to live with Happy and also used to say that she has no <\/p>\n
interest   in   living   with   me.     She  stressed   that   she   will   leave <\/p>\n
me   and   starts   living   with   Happy.     (Happy   is   the   son   of   my <\/p>\n
wife’s elder paternal uncle.) <\/p>\n
She   was   in   the   habit   of   unnecessarily   arguing   with   my <\/p>\n
parents and used to abuse them and whenever I stopped her <\/p>\n
from doing so, she used to threaten me that she will commit <\/p>\n
suicide.  However, I used to request my parents to look after <\/p>\n
her  in  my  absence.   But  she  used  to  misbehave   and  insult <\/p>\n
them.  She used to say that she will buy her own house and <\/p>\n
                                                                                       2<\/span><\/p>\n
will   start   living   in   that   house   because   this   house   is   very <\/p>\n
small   for   her   needs   and   she   feels   suffocated   in   this   house.\n<\/p>\n
Although my house is in a very posh colony and it is a very <\/p>\n
spacious,   airy,   open   and   large   house.     I   noticed   that <\/p>\n
condition of Dimple is becoming worse every day.   I became <\/p>\n
sure   that   she   is   actually   mad   and   she   is   concealing   her <\/p>\n
madness   from   me.     I   noticed   that   she   used   to   keep   some <\/p>\n
medicine in her purse and used to take that medicine often.\n<\/p>\n
She was actually sex-hungry and was not interested in doing <\/p>\n
any   household   works.     She   never   showed   any   interest   in <\/p>\n
keeping her bedroom and drawing clean and tidy.   She was <\/p>\n
in the habit of wearing the clothes of 3-4 days regularly.  She <\/p>\n
used   to   wake   up   very   late   in   the   morning.     Whenever   my <\/p>\n
mother and sister called her to join them,  she was abusing <\/p>\n
and insulting them.  She used to call my mother stupid and <\/p>\n
my   sister   as   wretched.     However,   I   controlled   myself   and <\/p>\n
kept on tolerating her conduct, because all of us were in the <\/p>\n
fervent hope that one day God will cure her….\n<\/p>\n
…..One   day,   my   friend   Sumit   came   to   my   house.     Earlier <\/p>\n
also he used to come to my house as he is also working with <\/p>\n
me   in   the   LIC.     He   wished   Dimple   and   enquired   about   her <\/p>\n
and   instead   of   welcoming   him,   Dimple   insulted   him   by <\/p>\n
saying why are you coming to our house uncalled every day.\n<\/p>\n
He   felt   very   insulted   and   sat   in   the   drawing   room   on   the <\/p>\n
ground floor and when I was also coming down to join him, <\/p>\n
Dimple   pushed   me   from   stairs   and   started   laughing <\/p>\n
unnecessarily.   As a result of aforesaid pushing, I fell down <\/p>\n
and   bones   of   my   right   arm   and   wrist   got   fractured.\n<\/p>\n
Perchance, Ashok Kumar too had come to my house on that <\/p>\n
day  and he  was  repeatedly  asking  for  meals.    But  when  he <\/p>\n
saw my condition, he immediately took me to the Hospital of <\/p>\n
Dr. Hardas where plaster was applied on my arm and wrist.\n<\/p>\n
When we came back, to my utter shock and surprise, Dimple <\/p>\n
did not even notice any change in me and did not remotely <\/p>\n
felt  that  I have  received  fractures  in my  arm  and wrist  and <\/p>\n
plaster has been applied on my arm.  One day when we were <\/p>\n
sitting in the drawing room, I called Dimple and asked her to <\/p>\n
bring   tea   for   me.     At   that   time   she   was   wearing   very   dirty <\/p>\n
clothes.   So, I asked her  to immediately go  and change  her <\/p>\n
dirty   clothes   and   wear   some   good   clothes.     But   instead   of <\/p>\n
changing   her   clothes,   she   started   abusing   me   and   even <\/p>\n
slapped   me   on   my   face.     Thereupon   my   mother   asked   her <\/p>\n
why   she   is   behaving   like   this,   upon   which   she   rose   her <\/p>\n
hands to slap my mother too, but my sister stopped her from <\/p>\n
doing so.    We narrated  all the  above incidents of Dimple  to <\/p>\n
                                                                                      2<\/span><\/p>\n
       her   father.     He   expressed   his   shock   and   apologized   on   her <\/p>\n
       behalf and advised us to start living separately and said that <\/p>\n
       she will start behaving properly and nicely.”\n<\/p>\n
All   the   above   details   in   the   form   of   assertion   in   the   affidavit <\/p>\n
clearly   show   that   the   appellant-husband   faced   cruelty   at   the <\/p>\n
hands of the respondent on several occasions.\n<\/p>\n
23)     It   is   well   settled   that   giving   repeated   threats   to   commit <\/p>\n
suicide amounts to cruelty.  When such a thing is repeated in <\/p>\n
the form of sign or gesture, no spouse can live peacefully.   In <\/p>\n
the case on hand, the appellant-husband has placed adequate <\/p>\n
materials   to   show   that   the   respondent-wife   used   to   give <\/p>\n
repeated   threats   to   commit   suicide   and   once   even   tried   to <\/p>\n
commit   suicide   by   jumping   from   the   terrace.     Cruelty <\/p>\n
postulates   a   treatment   of   a   spouse   with   such   cruelty   as   to <\/p>\n
create   reasonable   apprehension   in   his   mind   that   it   would   be <\/p>\n
harmful or injurious for him to live with the other party.   The <\/p>\n
acts   of   the   respondent-wife   are   of   such   quality   or   magnitude <\/p>\n
and consequence as to cause pain, agony and suffering to the <\/p>\n
appellant-husband which amounted to cruelty in matrimonial <\/p>\n
                                                                                        2<\/span><\/p>\n
law.  From the pleadings and evidence, the following instances <\/p>\n
of cruelty are specifically pleaded and stated.  They are:\n<\/p>\n
      i.      Giving repeated threats to commit suicide and <\/p>\n
              even trying to commit suicide on one occasion <\/p>\n
              by jumping from the terrace.\n<\/p><\/blockquote>\n
\n
     ii.      Pushing   the   appellant   from   the   staircase <\/p>\n
              resulting into fracture of his right forearm.<\/p>\n
     iii.     Slapping the appellant and assaulting him.<\/p>\n
     iv.      Misbehaving   with   the   colleagues   and   relatives <\/p>\n
              of   the   appellant   causing   humiliation   and <\/p>\n
              embarrassment to him.\n<\/p><\/blockquote>\n
\n
     v.       Not   attending   to   household   chores   and   not <\/p>\n
              even   making   food   for   the   appellant,   leaving <\/p>\n
              him to fend for himself.\n<\/p><\/blockquote>\n
\n<\/blockquote>\n
     vi.      Not taking care of the baby.\n\n\n\n     vii.     Insulting   the   parents   of   the   appellant   and \n\n\n\n              misbehaving with them.\n\n\n\n     viii.    Forcing   the   appellant   to   live   separately   from \n\n\n\n              his parents.\n\n\n\n\n\n                                                                            2<\/span>\n\n\n      ix.     Causing   nuisance   to   the   landlord's   family   of \n\n\n\n<\/pre>\n
              the   appellant,   causing   the   said   landlord   to <\/p>\n
              force the appellant to vacate the premises.<\/p>\n
      x.      Repeated   fits   of   insanity,   abnormal   behaviour <\/p>\n
              causing great mental tension to the appellant.<\/p>\n
      xi.     Always   quarreling   with   the   appellant   and <\/p>\n
              abusing him.\n<\/p><\/blockquote>\n
\n
      xii.    Always   behaving   in   an   abnormal   manner   and <\/p>\n
              doing   weird   acts   causing   great   mental   cruelty <\/p>\n
              to the appellant.\n<\/p><\/blockquote>\n
\n<\/blockquote>\n
24)  All these factual details culled out from the pleadings and <\/p>\n
evidence   of   both   the   parties   clearly   show   the   conduct   of   the <\/p>\n
respondent-wife   towards   the   appellant-husband.   With   these <\/p>\n
acceptable   facts   and   details,   it   cannot   be   concluded   that   the <\/p>\n
appellant-husband has  not made  out a case  of  cruelty  at the <\/p>\n
hands   of   the   respondent-wife.     We   are   satisfied   that   the <\/p>\n
appellant-husband had  placed  ample evidence on record that <\/p>\n
the   respondent-wife   is   suffering   from   “mental   disorder”   and <\/p>\n
due to her acts and conduct, she caused grave mental cruelty <\/p>\n
                                                                             2<\/span><\/p>\n
to   him  and   it  is  not  possible  for   the   parties  to   live   with   each <\/p>\n
other, therefore, a decree of divorce deserves to be granted in <\/p>\n
favour   of  the   appellant-husband.     In   addition   to   the   same,   it <\/p>\n
was   also   brought   to   our   notice   that   because   of   the <\/p>\n
abovementioned   reasons,   both   appellant-husband   and   the <\/p>\n
respondent-wife   are   living   separately   for   the   last   more   than <\/p>\n
nine years.  There is no possibility to unite the chain of marital <\/p>\n
life between the appellant-husband and the respondent-wife.\n<\/p>\n
25)    In the light of the facts and circumstances  as discussed <\/p>\n
above,   in   our   view,   the   impugned   order   of   the   High   Court <\/p>\n
resulted   in   grave   miscarriage   of   justice   to   the   appellant-\n<\/p>\n
husband, more particularly, the High Court failed to consider <\/p>\n
the   relevant   material   aspects   from   the   pleadings   and   the <\/p>\n
evidence,   the   ultimate   conclusion   cannot   be   sustained.     The <\/p>\n
appellant-husband   established   and   proved   both   grounds   in <\/p>\n
terms of Section 13 of the Act.  In the result, the appeal stands <\/p>\n
allowed.     The   divorce   petition   filed   by   the   appellant-husband <\/p>\n
stands   accepted   and   a   decree   of   divorce   is   hereby   passed <\/p>\n
dissolving   the   marriage   of   the   appellant   with   the   respondent <\/p>\n
from today, i.e. 30.09.2011.   The impugned order of the High <\/p>\n
                                                                                3<\/span><\/p>\n
Court   dated   06.08.2009   in   FAO   No.   M-123   of   2006   is   set <\/p>\n
aside.  The appellant-husband is directed to pay an amount of <\/p>\n
Rs.   2   (Two)   lakhs   as   alimony   to   the   respondent-wife   in   two <\/p>\n
equal instalments within a period of three months from today <\/p>\n
and to deposit Rs. 3 (Three) lakhs in the name of his daughter <\/p>\n
in the shape of three FDRs in a nearest nationalised bank in <\/p>\n
three   equal   instalments   commencing   from   January,   2012 <\/p>\n
ending with June, 2012.   On attaining majority, the daughter <\/p>\n
is   permitted   to   withdraw   the   amount.     Till   such   period,   the <\/p>\n
respondent-wife   is   permitted   to   withdraw   accrued   interest <\/p>\n
once   in   three   months   directly   from   the   bank   from   the   said <\/p>\n
deposit for the benefit and welfare of their daughter.\n<\/p>\n
                                     …………………………………………J.\n<\/p>\n
                                  (P. SATHASIVAM) <\/p>\n
                                  ………………………………………..J.\n<\/p>\n
                                  (DR. B.S. CHAUHAN) <\/p>\n
NEW DELHI;\n<\/p>\n
SEPTEMBER 30, 2011.\n<\/p>\n
                                                                            3<\/span><\/p>\n","protected":false},"excerpt":{"rendered":"
Supreme Court of India Pankaj Mahajan vs Dimple @ Kajal on 30 September, 2011 Author: P.Sathasivam Bench: P. Sathasivam, B.S. Chauhan REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 8402 OF 2011 (Arising out of S.L.P. (Civil) No. 29641 of 2009) Pankaj Mahajan …. Appellant(s) Versus Dimple @ Kajal …. […]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_lmt_disableupdate":"","_lmt_disable":"","_jetpack_memberships_contains_paid_content":false,"footnotes":""},"categories":[30],"tags":[],"class_list":["post-35380","post","type-post","status-publish","format-standard","hentry","category-supreme-court-of-india"],"yoast_head":"\nPankaj Mahajan vs Dimple @ Kajal on 30 September, 2011 - Free Judgements of Supreme Court & High Court | Legal India<\/title>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"https:\/\/www.legalindia.com\/judgments\/pankaj-mahajan-vs-dimple-kajal-on-30-september-2011\" \/>\n<meta property=\"og:locale\" content=\"en_US\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"Pankaj Mahajan vs Dimple @ Kajal on 30 September, 2011 - 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