RANCHI, India, Aug. 2 -- Jharkhand High Court issued the following order on July 2:

1. The instant appeal under section 19(1) of the Family Courts Act, 1984 is directed against the judgment dated 28.03.2023 and the decree dated 05.04.2023 passed in Original Suit No.275 of 2017 by the learned Addl. Principal Judge, Addl. Family Court-2, East Singhbhum at Jamshedpur (in short, Family Judge) whereby and whereunder the petition filed under section 13(1) ( (i-a) and 13(1)(iii) of the Hindu Marriage Act, 1955 by the appellant-husband against the respondent-wife has been dismissed.

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 parties was solemnized on 18.04.2008 according to Hindu Rites and Custom. After the marriage the appellant-husband came to know that the respondent is mental patient of Schizophrenia for which her treatment was going on in Tata Motor Hospital and Ranchi Mental Hospital and the respondent is suffering from Schizophrenia.

(ii) It is a disease of mental disorder characterized by abnormal social behaviour and failure to understand what is real. Common symptoms of this disease are confused thinking, hearing voices that other do not hear.

(iii) It is alleged that the parents of respondent knew about mental disorder of the respondent but they did not say anything to petitioner at the time of marriage and, thus, the parents of respondent have cheated the petitioner and gave false information about their daughter at the time of marriage.

(iv) It is alleged that the respondent tried to hang twice but did not succeed. The petitioner is permanent employee of M/s Tata Motors. He is always in fear that if his wife did anything wrong against herself, he will come in problem.

(v) It is further alleged that a male child was born on 17.09.2009 out of their wedlock, but the respondent did not care for her son and she do not make food for petitioner and family members due to her mental disorder.

(vi) It is alleged that the respondent was admitted in mental hospital and still her treatment is going on. The respondent does not want to live with parents of the petitioner and does not care for them and due to her mental disorder, the respondent is not able to do household work.

(vii) It is alleged that the respondent throw utensils on the petitioner and his family members, and some time family members got injured and respondent also breaks utensils.

3. On the aforesaid ground of cruelty and mental disorder, the appellant-husband has prayed for a decree of dissolution of the marriage between him and the respondent-wife.

4. It needs to mention herein that in Original Suit No.275 of 2017, upon issuance of the notices, the respondent-wife has appeared and filed a written statement denying all the allegations levelled against her by the appellant-husband. She has stated in her written statement that before solemnization of marriage the petitioner, his parents and in-laws made inquiry and met with her several times and after being fully satisfied about her, the petitioner gave his consent to the marriage with the respondent.

5. It is alleged in the written statement that for the shake of demand for dowry the petitioner and her in-laws started torturing the respondent physically and mentally but she any how tolerated and managed the things to lead a happy conjugal life. It is stated that out of the wedlock with the petitioner one male child was born on 17.09.2009.

*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=tuqye3PhFs%2BBDn75ghiOpFcn4aVKuIaSKwcZ64DD57DXbbBElk4pgswpIn%2BWI2BO&caseno=FA/136/2023&cCode=1&cino=JHHC010220662023&state_code=7&appFlag=)

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