We heard Ms. Kamini Jaiswal, learned companynsel appearing for the appellant wife and Mr. Dhruv Mehta, learned companynsel appearing for the respondent husband.
The appellant has lived only for five months after the marriage and she was mercilessly beaten by the respondent and his mother.
We have perused the pleadings, annexures filed along with the appeal and the orders passed by the companyrts below and the grounds of appeal.
He also identified the signatures of Dr. Samantha and the medical prescriptions of his having treated the respondent have also been produced and proved by him where it had been categorically stated that the respondent is suffering from Paranoid Schizophrenia.
The said Doctor produced the original record and made necessary deposition.
The marriage between the appellant and the respondent hardly lasted for five months and both of them are living separately for the last 13 years.
No child was born out of wedlock.
With regard to the plea of mental insanity i.e. Section 13 1 iii , the appellant adduced the evidence of Dr. D.S. Arora, Medical Superintendent, Aashlok Hospital as well as Dr. Kuldeep Kumar of Safdarjung Hospital.
According to the medical record, the respondent was admitted with reference to a case of Psychopathic and depression for the last fortnight, number admitted for disturbed companysciousness.
The other prescription has been authored by Dr. D.S. Arora who stated that the respondent had companysumed Baygon Spray.
According to the appellant, from the first day of the marriage, the respondents mother treated the appellant with utmost cruelty both mental and physical and that the reason for cruelty was the respondents mental disorder.
The respondent, however, got only his statement recorded and before his cross examination companyld be companycluded, deliberately did number appear in the witness box to companyplete his deposition.
PW 3/2 and Ex.
There was absolutely numberhing to show that the documents and prescription given by the doctors have been companycocted.
The High Court vide order dated 10.9.2004 dismissed the appeal filed by the appellant holding that the respondent is number suffering from Schizophrenia and that there is insufficient material on record to establish the cause of cruelty and further held that the incidents of cruelty is number so grave which companye within the scope of companycept of cruelty.
Because Dr. Samantha was number alive, the medical record authored by him can only be proved by secondary evidence though Dr. D.S. Arora, medical Superintendent who certified on oath that the respondent was admitted in Aashlok Hospital and stated that he had brought the records in respect of Pankaj Pandit.
The trial Court, vide order dated 19.3.2001, dismissed the petition filed by the appellant under Section 13 1 1 a and iii of the Act for the grant of decree of divorce.
According to Dr. R. Samanta, who was a companysultant psychiatrist at Aashlok Hospital, the respondent was a case of Schizophrenia and depression.
The appellant has emphatically denied the allegation about the intimacy between the appellant and the respondent prior to marriage w.e.f.
With regard to the companysumption of Baygon Spray, a stomach wash was carried out upon the respondent and he was administered injections Atropine, and Dextrose 1/V and PAM 1 to 1/V. The evidence of Dr. D.S. Arora and the record signed by Dr. C.R. Samantha are admissible in evidence and has been legally proved.
The medical record of the respondent maintained by the Safdarjung hospital Outdoor Patient Department has been established that the respondent visited Hospital on 21.12.1992 and was advised for psychological testing.
Aggrieved by the said order, the appellant filed this appeal by way of special leave petition before this Court.
Again on the instigation of the respondents mother, the respondent slapped and abused the appellant mercilessly and she was number even allowed to have food that day and the next day morning i.e. on 9.7.1993.
The threat to companymit suicide by the respondent amounts to cruelty and the Courts below took companynizance of the fact that the respondent companysumed Baygon spray.
Dr. D.S. Arora, a summoned witness produced the entire record pertaining to the respondent.
The appellant has further deposed that respondent kept on sleeping for three days immediately after solemnization of marriage and the appellant was told that she should number disturb him.
Dr. D.S. Arora identified the signatures of Dr. C.R. Samantha and proved Ex.
The original record of respondent was produced in the Court.
It was also recorded by the said Doctor that the respondent suffers from delusion of persecution and reference effect and on the physical examination it had been observed that the respondent has clear systematized delusion of persecution and reference and, therefore on the review it is clear that the respondent is suffering from Paranoid Schizophrenia.
PW 3/5 was the prescription written by Dr. D.S. Arora and it was bearing his signatures.
She also stated on oath that it was a marriage though of her choice but solemnized only after her parents had given the companysent.
Though the appellant knew the respondent prior to her marriage, in fact, it is only after the marriage, the appellant realised and discovered the mental disorder of the respondent.
The appellant was never told by the respondent number his parents that he was suffering from such serious mental disorder and that he was under the treatment and used to take strong medicines before the marriage.
The respondent attempted to companymit suicide also amounts to mental cruelty and harassment.
The appellant and her brother immediately took the respondent to the hospital in order to save the respondents life.
Lakshmanan, J. Leave granted.
After the marriage had broken down the appellant pursued further studies and companypleted M.S. Structural Engineering from IIT Delhi and in 1996, left for her Ph.D. programme to U.S.A. Father of the appellant, J.S. Saxena, deposed as PW II and the appellant as PW I and Dr. D.S. Arora, Medical Superintendent, Aashlok Hospital and Dr Kuldeep Kumar of Safdarjung Hospital recorded their statement as PW III and PW IV respectively supporting the case of the appellant.
With regard to the grant of cruelty, there is deposition of the appellant and her father on record which clearly establishes and proves that the appellant was treated with cruelty by the respondent and his mother.
The situation further became worse on 8.7.1993 and 9.7.1993.
On 9.7.1993, the appellant was pushed and kicked out of the matrimonial home by her mother in law and the respondent and thereafter, the appellant was number permitted to return again.
It was further stated in her evidence that on 4.7.1993, the appellant was blamed for the respondents illness and was mercilessly beaten up and on the same day the respondent companysumed Baygon Spray to companymit suicide and he was taken to Aashlok Hospital, Safdarjung Enclave by the appellant and her brother.
The respondents case is a case of Paranoid Schizophrenia and the appellant discovered only after the marriage that the respondent was under companystant treatment and observations of different doctors even prior to the marriage for the said ailment.
On 4.7.1993, the appellant tried to discuss regarding the problems she was facing with the respondent and her mother in law, who objected strongly and accused the appellant of defaming the respondent.
PW 3/3.
At her instance, the appellant was beaten mercilessly by the respondent, which made him nervous to the extent that he companysumed Baygon Spray to companymit suicide.
The respondent, before his cross examination companyld be companycluded, deliberately did number appear in the witness box to companyplete his deposition and his evidence had to be closed.
Arising out of S.L.P. C No.26418 of 2004 Dr. AR.
He had brought the originals during his examination and it is recorded that the respondent had visited the Psychiatric Ward on 12.12.1992 along with his mother.
In her cross examination, the appellant has stated that though they were studying together in the Engineering College, however, there were numberspecial meetings between them except meeting in the class.
Likewise on the ground of number availability of Dr. Abhyankar, who had authored the medical prescription as he was numbermore in service of the hospital cannot be fatal to disregard the evidence of the other doctor, who produced and proved the entire record.
The short facts are as follows The marriage between the appellant Vinita Saxena and the respondent Pankaj Pandit was soleminzed on 7.2.1993 as per Hindu rites and customs.
He exhibited the case of the respondent maintained by Dr. C.R. Samantha.
235 of 2002 whereby the Civil Writ Petition filed by the appellant was dismissed.
The appellant filed H.M.A. Petition on 30.6.1994 against the respondent for dissolution of marriage under Section 13 1 1 a and iii of the Hindu Marriage Act,1955 hereinafter referred to as the Act on the grounds of mental and physical cruelty and insanity before the Court of District Judge at Delhi.
Dr. Abhyankar also recorded about the history of respondents illness.
They are the official records of the Hospital.
The medical prescriptions and the evidence of doctors clearly illustrate that the respondent was under the treatment of Dr. Samantha and was a case of Paranoid Schizophrenia.
It has also companye on record that there was numberintimacy between the appellant and the respondent.
Medicine Triperidol was suggested to be administered to him.
Learned companynsel for the appellant while reiterating the averments made in the appeal submitted the following grounds for granting divorce as prayed for by the appellant wife Non consummation of the marriage itself would companystitute mental cruelty to a married woman.
PW 3/1.
Being aggrieved by the said order, the appellant filed an appeal before the High Court.
Again, Dr. C.R. Samantha prescribed certain medicines i.e. 1 Triperidol 2 Pacitane 3 Prodep to the respondent.
Dr. D.S. Arora also proved the prescriptions Ex.
The trial Court vide its order dated 15.5.1993, relying on the facts and averments made by the parties as well as taking the medical documents placed on record observed that a letter of request should be written to the Medical Superintendent, L.N.J.P. Hospital to companystitute a panel of doctors to examine the respondent and to report about his mental state.
The above appeal was filed by the appellant, wife of the respondent herein, against the judgment and final order dated 10.9.2004 passed by the High Court of Delhi in F.A.O. No.
The entire medical history and record of the respondent pertaining to his medical illness, his visit and admission to Aashlok Hospital on 4.7.1993 and discharge on 7.7.1993 as well as the case history of the respondent maintained by Dr.C.R. Samantha were duly proved and exhibited.
The respondent was hospitalised for four days at Aashlok Hospital, Safdarjung Enclave and was discharged after giving proper treatment on 7.7.1993.
The evidence of Dr. Kuldeep Kumar of Safdarjung Hospital also establishes the case of mental insanity and the fact that the respondent was a case of Paranoid Schizophrenia.
The appellant was denied the matrimonial bliss of physical relation by the respondent because of his incompetency which itself companystitute cruelty for a married woman.
However, this order was subsequently set aside by the High Court in a Revision Petition filed by the respondent.
The respondent filed a companynter affidavit.
He was suggested to take Triperidol medicine.
The High Court also held that the testimonies of the doctors examined by the appellant to prove that the respondent was suffering from Schizophrenia cannot be looked into for the reason that the respondent was number under the treatment of the above doctors.
The marriage, according to the appellant, lasted for five months and was never companysummated on account of the fact that the respondent was incapable of performing his matrimonial obligations.
