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Head Note

The Hindu Marriage Act, 1955  - Section 13

Petition filed for dissolution of marriage by a decree of divorce on the grounds of `cruelty' and `unsound mind' of the respondent-wife which is incurable - The Additional District Judge, granted a decree of divorce in favour of the appellant-husband, however, the High Court set aside the said order - Hence, the appeal - Cogent materials produced on record to show that the respondent-wife is suffering from mental disorder, i.e., Schizophrenia - Even the respondent-wife and her father themselves admitted in their cross-examination that the respondent had taken treatment for mental illness - The appellant-husband brought evidence on record to show that the respondent-wife was not in a fit state of mind whereas the respondent-wife could not lead any acceptable evidence to rebut the same - The appellant-husband faced cruelty at the hands of the respondent on several occasions - The appellant-husband placed adequate materials to show that the respondent-wife used to give repeated threats to commit suicide and once even tried to commit suicide by jumping from the terrace - Impugned order of the High Court set aside and the divorce petition granted in favour of the appellant-husband - Appeal allowed.

Topic(s)-Dissolution of marriage