Pankaj Mahajan vs Dimple @ Kajal

Dimple @ Kajal, respondent-wife, was solemnized on 02.10.2000 at Amritsar. After the marriage, the parties cohabited and resided together as husband and wife at Amritsar in the parents' house of the appellant-husband, but later on shifted to a rented house in Tilak Nagar, Shivala Road, Amritsar. On 11.07.2001, a female child was born, who is now in the custody of the respondent-wife.

(b) After the marriage, the appellant-husband found that the respondent-wife was acting in very abnormal manner, as she used to abruptly get very aggressive, hostile and suspicious in nature. In a fit of anger, she used to give threats that she would bring an end to her life by committing suicide and involve the appellant-husband and his family members in a criminal case, unless she was provided a separate residence.

On one occasion, she attempted to commit suicide by jumping from the terrace but was saved because of timely intervention of the appellant-husband.

(c) Succumbing to the pressure of the respondent-wife, the appellant-husband shifted to a rented house on 28.11.2001 at a monthly rent of Rs.3,200/- and started living with her, but the behaviour of the respondent-wife became more aggressive and she repeated threats of suicide even in the rented house.

On enquiry, the appellant-husband came to know that the respondent-wife was suffering from acute mental depression coupled with schizophrenia even prior to the marriage and was taking treatment for the same. The appellant-husband hoping that the respondent-wife would become alright took her to various doctors, but her mental condition did not improve and she became more and more violent and aggressive. She insulted and humiliated the appellant-husband in front of his colleagues and relatives several times and even on one occasion she pushed the appellant-husband from the staircase causing fracture in his right forearm.

(d) On 23.03.2002, the appellant-husband wrote a letter to his mother-in-law stating therein that the respondent-wife was repeatedly threatening to commit suicide and even on 19.04.2002, he wrote a letter to the SSP, Amritsar regarding 3 the factum of repeated threats to commit suicide given by the respondent-wife. On 24.05.2002, the appellant-husband filed a petition under Section 13 of the Act in the District Court at Amritsar for dissolution of marriage by a decree of divorce. By order dated 29.04.2006, the Additional District Judge, Ropar, granted a decree of divorce in favour of the appellant-husband.

(e) Being aggrieved by the above-said order, the respondent-

husband who approached the court for a decree of divorce on the grounds of `cruelty' and `unsound mind' of the respondent-

husband, Dr. Paramjit Singh (PW-1), Dr. Ravinder Mohan Sharma (PW-2), Dr. Virendra Mohan (PW-3) and Dr. Gurpreet 6 Inder Singh Miglani (PW-7), who had given treatment to the respondent-wife for mental disorder, were examined.

The above averments make it clear that the appellant-

husband, more particularly, the High Court failed to consider the relevant material aspects from the pleadings and the evidence, the ultimate conclusion cannot be sustained. The appellant-husband established and proved both grounds in terms of Section 13 of the Act. In the result, the appeal stands allowed. The divorce petition filed by the appellant-husband stands accepted and a decree of divorce is hereby passed dissolving the marriage of the appellant with the respondent from today, i.e. 30.09.2011. The impugned order of the High 3 Court dated 06.08.2009 in FAO No. M-123 of 2006 is set aside. The appellant-husband is directed to pay an amount of Rs. 2 (Two) lakhs as alimony to the respondent-wife in two equal instalments within a period of three months from today and to deposit Rs. 3 (Three) lakhs in the name of his daughter in the shape of three FDRs in a nearest nationalised bank in three equal instalments commencing from January, 2012 ending with June, 2012. On attaining majority, the daughter is permitted to withdraw the amount. Till such period, the respondent-wife is permitted to withdraw accrued interest once in three months directly from the bank from the said deposit for the benefit and welfare of their daughter.

SEPTEMBER 30, 2011.