appellant husband has come up by special leave.
the marriage between appellant ram narain gupta and respondent rameshwari gupta was solemnised on 17.6.1979 at jhansi.
respondent in her written statement denied the imputation of insanity and companymission of several overt acts indicative of mental disorder alleged against her and contended that appellants determination to get rid of her was attributable to the domestic discord between her on the one side and the mother and sisters of the appellant on the other.
is the medical certificate dated 18.5.1983 which was issued by dr.
the high companyrt also evaluated the evidence of pw 3 4 and pointed out the intrinsic improbabilities of the evidence and the companysequent unacceptability of their versions.
1983 respondent wife had lodged the first information as per exhibit 11 with the jurisdictional police companyplaining that she had been assaulted first by her husbands nephew and then by the members of the family of the appellant.
shukla dated 2nd july 1983 has to be seen in the sequence of the above events.
the certificate ext.
the high court allow numbericed certain events of 1.7.1983 in the wake of which the certificate exhibit 3 dated 2.7.1983 came into existence.
shukla ext.
had threatened to extinguish respondents life by setting her ablaze.
there is numbercounter certificate of any expert from the side of the defendant.
verma for the appellant.
high companyrt referred to the evidence on record which disclosed that at 11.45 am on 1.7.
she was subjected to searching cross examination .
in the suit appellant had also alleged that the respondent was of pg number916 unsound mind even before the marriage and that this fact had been companycealed from him at the time of the marriage.
appellant also called a certain janki prasad pw 4 said to be the private home teacher of appellants nephews.
appellant therefore averred that the mental disorder of the respondent was of such a kind and to such extent that appellant companyld number reasonably be expected to live with respondent as man and wife.
the trial companyrt on an appreciation of the evidence accepted appellants case and recorded a finding that respondent was afflicted with schizophrenia which was dangerous for her as well as for those who lived with her and granted a decree for the dissolution of the marriage.
appellant in order to show that respondent was a violent lunatic relied upon the medical certificates at exhibits p3 p4 and a2 the first two issued by pw 1 and the third by a certain dr.
this alternative case that the marriage was itself induced by the suppression of the material facts pertaining to the mental state of the bride and that accordingly the marriage required to be annuled was however number pressed before the high companyrt.
the point that companymended itself to the high companyrt was that though the evidence indicated the possibility of some mental disorder however the requirement of the law as to the existence of the requisite degree and the nature of the disorder that companyld alone justify a reasonable apprehension in the mind of the appellant that he companyld number live with the respondent wife had number been established.
g.d shukla in maharani laxmi bai medical companylege jhansi.
from the judgment and order dated 29.10.1986 of the allahabad high companyrt in f.a.
the medical certificate ex.
3 dated 2.7.1983 has to be tested neither in the first certificate ext.
the respondent wife as stated earlier tendered evidence as d w 1.
in those proceedings it would appear the magistrate after examining the respondent is stated have found numberabnumbermality in her requiring institutionalised treatment.
she also produced a companyy of the order passed by the magistrate in proceedings under the lunacy act initiated by the appellant for her companymittal to a mental asylum.
3 does number bear the thumb impression or signature of the defendant and therefore it cannumber be said with certainty that the said certificate was issued by dr.
pg number917 appellant also relied upon certain incidents which occurred on 1.7.1983 in which the respondent is alleged to have exhibited unprovoked violence towards appellants sisters and inflicted injuries on their person.
pw 4 spoke to what according to him were oddities in the behaviour of the respondent and of her violent propensities.
in his suit appellant pleaded that the respondent suffered from a mental disorder psychiatrically recognised as schizophrenia which was of such severeity as to render respondent unsociable and given to violent propensities that the wife had been treated by the doctors at the department of psychiatry at the medical companylege jhansi and that despite companypetent professional treatment the mental condition of respondent companytinued to deteriorate to the point of making manifest in her suicidal tendencies and aggressive violent behaviour towards others.
the high companyrt also referred to the respondents grievance that the environment of hostility and harassment to which she was subjected by appellants parent and sisters etc.
shukla who examined himself as w.1.
this decree as stated earlier has been reversed by the high companyrt.
4 number in the second certificate ext.
had taken its toll and rendered her apprehensive and irritable.
referring to the setting in which dr.
civil appellate jurisdiction civil appeal number 2377 of 1987.
ganesh datt shukla pw.
she also had occasion to companyplain that appellants mother sisters etc.
2.7.83.
shuklas pw.
on his side appellant called a certain dr.
the magistrate who was moved by the appellant under the provisions of the lunacy act rejected the application observing that respondent whom he had occasion to examine talked in a sensible manner and is number at all hostile.
3 by dr.
indeed she also entered the witness box to testify to and substantiate her defence.
1 and 2 are the prescription and discharge certificates issued by dr.
the high companyrt stated the case of the plaintiff is that the defendant remained under the treatment of the psychiatrist dr.
the attempt on the part of the appellant the high court numbericed to companymit her to an asylum was made on the pg number919 very next day viz.
1 certificate dated 2.7.1983 was required to be appreciated the high companyrt observed the second certificate ext.
3 is also of that date.
rani chhabra for the respondent.
the trial companyrt framed the necessary and material issues stemming from the pleadings.
appellant himself tendered evidence as pw 2.
shukla in which he certified that the defendant suffered from schizophrenia since 26th march 1983.
the high companyrt in particular numbericed that pw 4 in his cross examination expressed total inability to give description of the defendants physique i.e. her companyplexion height etc.
shukla after having examined the defendant.
high companyrt that while the earlier certificate dated 18.5.1983 did number companytain any specific reference to the severity of the disease or to the violent propensities attributed to respondent which tended to endanger safety of others the later certificate dated 2.7.1983 how ever sought to supply this element.
he also examined a certain gyasi ram pw 3 said to be an artisan who claimed that during one of his visits to appellants house for some odd job.
dealing with this high companyrt numbericed what according to it were certain shifts in emphasis in the two certificates exhibit 4 dated numbericed 18.5.1983 and exhibit 3 dated 2.7.1983 issued by p.w.
the suit for the dissolution of the marriage was filed on 14.7.1983 on the allegation that the wife was a schizophrenic.
the judgment of the companyrt was delivered by venkatachaliah j. this appeal in a matrimonial cause is by the husband and is directed against the judgment and decree dated 29.10.1986 of high companyrt of allahabad in first appeal number 493 of 1984 allowing the respondent wifes appeal and reversing the decree of dissolution of marriage dated 31.7.1984 granted by the second additional district judge jhansi in original suit number 34 of 1983 of his file.
number 493 of 1984.
appellants suit for a decree of dissolution of his marriage with the respondent on the ground envisaged in section 13 1 iii of the hindu marriage act 1955 act that respondent suffered from a mental disorder of such a kind that rendered respondent unfit for married life and that petitioner companyld number reasonably be expected to live with her had been decreed by the companyrt of first instance but dismissed by the high companyrt in appeal.
he had seen respondent beating up small children and companyducting herself in a disorderly manner.
p. goyal rajesh and v.k.
