Key points in Judgements :Schizophrenia is manageable&treatable disease like Diabetes and High B.P , Petition for divorce by filed on insanity ground under Section 13 (1) (iii) of the Hindu Marriage Act, 1955 dismissed -A.P High judgement upholded ,appeals in Supreme Court fails,O.P filed for the Restitution of conjugal rights by wife, upheld -prevails.
Full Text of Hon'ble Supreme Court Judgement
IN THE
SUPREME COURT OF INDIA
CIVIL
APPELLATE JURISDICTION
CIVIL
APPEAL NO.8264 OF 2013
(Arising
out of SLP (C) No. 3544 of 2007)
KOLLAM CHANDRA SEKHAR
... APPELLANT
Vs.
KOLLAM PADMA LATHA ... RESPONDENT
J U D G M E N T
V. Gopala Gowda, J.
Leave granted.
This appeal is
directed against the common judgment and
order dated 28.09.2006 passed in CMA No. 2858 of 2002 and CMA No. 2859 of 2002
of the High Court of Andhra Pradesh as it has set aside the judgment and decree
of divorce granted in favour of the appellant-husband dissolving the marriage
between the appellant and respondent by dismissing the Original Petition No.
203 of 2000 filed by the appellant for dissolution of their marriage under
Section 13 (1)(iii) of the Hindu Marriage Act, 1955 (in short ‘the Act’) and
allowing the Original Petition No. 1 of 1999 filed by the respondent-wife
against the appellant by granting restitution of conjugal rights urging various
facts and legal contentions. The factual and rival legal contentions urged on behalf
of the parties are adverted to in this judgment with a view to examine the
tenability of the appellant's submissions.
The relevant facts
are stated as hereunder:
The marriage between
the appellant and the respondent was solemnized on 31.05.1995 at Kakinada
(Andhra Pradesh) as per Hindu rites and customs and their marriage was
consummated. It is the case of the appellant that at the time of marriage, he
was working as Senior Resident at the All India Institute of Medical Sciences in
New Delhi. After marriage, the respondent-wife joined the appellant at New
Delhi and secured employment in the said Institute.. It is the case of both the
parties that when
they were living at
New Delhi, the brother of the appellant died in an accident. At that point of
time, the appellant herein came to Yanam (Andhra
Pradesh) leaving the
respondent at Delhi, who gave birth to a female child on 07.07.1997. It is
contended by the learned senior counsel for the appellant, Mr.Jaideep Gupta, in
the pleadings that dispute arose between the appellant and his parents on the
one hand and the in-laws of the deceased brother of the appellant on the other.There were threats
to kill the appellant. Duringthat period, respondent’s father stayed in the
company of the appellant and his parents at Yanam.At that time, both the
appellant and the respondent suffered tensions and they were restless on
account of the situation created by the in-laws of the appellant’s deceased
brother. Both of them received medical treatment and due to depression,
appellant submitted his resignation and the respondent also resigned from her
job at AIIMS.
The appellant then
joined as Assistant Professor in Gandhi Hospital at Secunderabad.The respondent
and the child also joined him at
Hyderabad. It is their further case that while they were in Hyderabad, the
appellant used to receive threatening calls from the in-laws of his deceased
brother which used to create tension in their family. The respondent was
treated for hypothyroidism problem. In
the counter statement filed by the respondent, she contended that after one
year of their marriage, the appellant and his parents started harassing her by
demanding colour television, refrigerator etc. In May 1998, after the death of
the father of the respondent, the appellant went on insisting that the
respondent gets the house situated at Rajahmundry registered in his name and
when she refused, he started to torture her. The respondent applied for
post-graduate entrance examination, which was scheduled to be held on 13.08.1998,
and the appellant was making arrangements to go to Madras on 12.08.1998 in
connection with FRCS admission. On 11.08.1998, the appellant picked up a
quarrel with the respondent insisting that she must get the house at
Rajahmundry registered in his name to which she did not agree. The respondent
also requested him not to go to Madras as she has to appear for the Post-
Graduate entrance examination on 13.08.1998 for which the respondent alleged
that the appellant badly tortured her both
physically and mentally. A telegram was sent to her mother with false
allegations of her mental illness with a view to create evidence as he could
have as well conveyed the message through telephone as there was to appear for FRCS examination and would
spend most of his time in the libraries and the respondent and their child
would be left alone without help, he suggested that the appellant should go to
Rajahmundry and stay with her parents to which she agreed and went to
Rajahmundry and joined Chaitanya Nursing Home
and Bhavani Nursing Home to work as a doctor. In the second week of
November, 1998, the appellant came to Rajahmundry and asked the respondent to
go to Yanam and stay with his parents saying that she can have the company of
his parents and she can carry on the medical profession along with his father who was also a doctor to which
she agreed.Thereafter, the appellant got issued a notice dated 25.11.1998 to
the respondent making certain false allegations saying that she was suffering from schizophrenia and she
had suicidal tendencies etc., with the object of marrying again for fat dowry.
The respondent has denied thatshe suffered from schizophrenia or suicidal
tendencies and further stated that during her delivery days and subsequently on
account of thethreats received from in-laws of the appellant’s deceased
brother, there was some depression for which the respondent was treated and the
appellant never allowed her to go
through the prescriptions of her treatment at anytime and she was also not
allowed to see the medicines given to her as part of treatment for her
depression. It is stated by her that she believes that as part of the ill
motive of the appellant, he might have administered some medicines to build up
a false case against her with a view to file petition for dissolution of
marriage. The respondent got issued a reply notice to the lawyer of the
appellant mentioning the above facts on 18.12.1998.
It is further
contended by the learned senior counsel for the respondent, Mr. Pallav Sisodia,
that the appellant never cared for her and encouraged his
parents to dislodge
her from the family house. She filed O.S. No.53 of 1998 on the file of District
Munsif’s Court, Yanam for permanent injunction against the parents of the
appellant and filed Interlocutory Application No. 237 of 1998 for temporary
injunction against them not to evict her from the residential house where she
was staying.
It is further stated
that the appellant has no right to withdraw from her society and demand for
divorce and that she is entitled for restitution of conjugal rights. It is
contended by the respondent that the impugned judgment is a well-considered
judgment both on facts and in law and the Division Bench of theHigh Court
rightly allowed the appeals filed by the respondent refusing to grant a decree
of divorce infavour of the appellant and granting a decree forrestitution of
conjugal rights in favour of the respondent.
Therefore, the
respondent has prayed for dismissal of the petition filed by the appellant praying
for grant of decree of divorce against her.The appellant filed the counter
statement to the petition for
restitution of conjugal rights denyingthe allegations made in the
petition. He contended that the
behaviour of the respondent even when they were staying at New Delhi was marked
by emotional disturbances and she also received treatment from a psychiatrist
there. He has further stated that he underwent severe mental stress due to
irrational behavioural pattern of the respondent. Her erratic behaviour started
increasing as time passed by. She started manifesting symptoms of schizophrenia
like violent or aggressive behaviour and a tendency to be harsh and hostile
towards other members of the family without any reason whatsoever which were
notvisible earlier. For that reason, she was kept withher parents’ family so
that she can develop a senseof security which is required for patientssuffering
from schizophrenia.
He has further stated
that she also started developing the symptoms like sudden withdrawal and being
silent for long periods without any communication.Further, he has stated that
after the death of hisbrother, he brought his wife and child to Hyderabad where
he had secured a job as Assistant Professor of Orthopaedics in Gandhi Medical
College. He further contended that on account of the death of his brother,
tension developed in his family and that neither he nor his family members
harassed the respondent demanding goods etc. He also stated that at the time of
marriage, mental status of the respondent was not known to him. Further,
the respondent tried to evict his
parents from their house at Yanam and when she failed in her attempt,she filed
O.S. No. 53 of 1998 at District Munsif’sCourt, Yanam which shows her erratic
attitude towards the parents of the appellant.
The respondent fell seriously ill due to whichthe appellant
sent her mother a telegram to come and take care of her. She went to live with
her motherat Rajahmundry as she consulted some psychiatrists who advised her to
live with her mother. The appellant visited her after two weeks and found that
her mental condition had aggravated to such a pointhat it would be impossible
for him to live with her as her husband.
He contended that she was showing all the classical symptoms of schizophrenia
including violence, psychotic behaviour, suicidal tendencies,withdrawal
symptoms and abnormal and irrational behaviour including in the matter of her
speech andher conversation. She also used to say that shewould like to commit
suicide and he was, thus,worried about her and the child.
The respondent was continuously
on psychiatric treatment. The above facts were narrated by the appellant in his
divorce petition filed before the trial court. He has further contended that
under the circumstances narrated above, it was impossible for him to resume cohabitation
with the respondent as he was afraid of danger to his life and that of his
daughter and therefore, he requested the Court for grant of a decree of divorce
and that the respondent’s petition for restitution of conjugal rights be
dismissed as she is not entitled to the relief prayed for by her.
The learned trial
Judge in his judgment held that the appellant is entitled to a decree of
divorce if not annulment of marriage and that since the disease of the
respondent was not disclosed to the appellant before marriage, she is not
entitled to a decree of restitution of conjugal rights. As a result, O.P. 1/99
filed by the respondent for restitution of conjugal rights was dismissed and
O.P.203/2000 filed by the appellant for grant of divorce was allowed by
dissolving the marriage between the appellant and the respondent and decree of
divorce was granted.
The trial court
relied on the certified copy of report from Institute of Mental Health,
Government Hospital for Mental Care, Sanjeeva Reddy Nagar, Hyderabad, bearing
No. A and D/402/99 submitted to the Registrar (Judicial) High Court of Andhra
Pradesh, Hyderabad, marked as Exh. B-10, given as per procedure and by
conducting chemical examination etc.
It is stated that the
report clearly showed that the respondent is suffering from schizophrenia. The
trial court relied on the case of Tarlochan Singh Vs. Jit Kaur,[1
AIR 1986 P & H 379] where it was held that since the fact of
the wife being a patient of schizophrenia was
amount to matrimonial fraud and therefore it was held the husband was
entitled to decree of divorce if not annulment of marriage.
Being aggrieved by
the common judgment and decree of the trial court passed in O.P. Nos. 1/99 and
203/2000 the respondent filed appeals before the High Court of Andhra Pradesh
questioning the correctness of the same urging various grounds. The High Court
on re-appreciation of pleadings and evidence held that there is no positive evidence to show that the
respondent has suffered schizophrenia and even in the case that she suffered
from schizophrenia, it cannot be said that she was suffering from such a
serious form of the disease that it would attract the requirements of Section
13 (1) (iii) of the Act for grant of decree for dissolution of marriage between
the parties. On perusal of the facts and legal evidence on record and hearing
rival legal contentions urged by both the parties, the points that would arise for consideration
of this Court are:
(1) Whether the
respondent is suffering from a serious mental disorder i.e. schizophrenia or
incurable unsoundness of mind, and can this be considered as a ground for
divorce under Section 13 (1) (iii) of the Hindu
Marriage Act, 1955?
(2) Whether the High Court has correctly
reappreciated the facts pleaded and evidence on record while dismissing the
divorce petition of the appellant and allowing the petition for restitution of
conjugal rights of the respondent?
(3) Whether the
appeal filed by the appellant has to be allowed and we must restore the
judgment and decree of trial court and
dismiss the petition for conjugal rights filed by the respondent?
(4) What order?
Answer to point nos.1
to 3:
These points are
answered together as they are interrelated. On careful scrutiny of the
pleadings and evidence on record and the decision of this
Court referred to
above, the provision of Section 13(1) (iii) of the Act is interpreted and the
meanings of 'unsound mind' and 'mental disorder' as
occurring in the
above provisions of the Act are examined and referred to in the impugned
judgment. The High Court, while examining the correctness of the findings
recorded in the common judgment of the trial court, has placed reliance on Ram
Narain Gupta vs. Rameshwari Gupta, (1988) 5 SCC 247, wherein this Court
has interpreted the provision of Section 13(1)(iii) of the Act and laid down
the law regarding mental disorder or unsound mind as a ground available to a
party to get dissolution of the marriage. The relevant portions with regard to
‘unsoundness of mind’ and ‘mental disorder’ from the case referred to supra are
extracted hereunder:
The context in which
the ideas of unsoundness of “mind” and “mental disorder” occur in the Section
as grounds for dissolution of a marriage, require the assessment of the degree
of the “mental disorder”. Its degree must be such that the spouse seeking relief
cannot reasonably be expected to live
with the other. All mental abnormalities are not recognised as grounds for
grant of decree. If the mere existence of any degree of mental abnormality
could justify dissolution of a marriage few marriages would, indeed, survive in
law.
The answer to the
apparently simple and perhaps misleading question as to “who is normal?” runs
inevitably into philosophical thickets of the concept of mental normalcy and as
involved therein, of the ‘mind’ itself. These concepts of “mind”, “mental phenomena”
etc., are more known than understood and the theories of “mind” and “mentation”
do not indicate any internal consistency, let alone validity, of their basic
ideas.
Theories of “mind”
with cognate ideas of “perception” and “consciousness” encompass a wide range
of thoughts, more ontological than enistemological. Theories of mental
phenomena are diverse and include the dualist concept shared by Descartes and
Sigmund Freud of the separateness of the existence of the physical or the
material world as distinguished from the non-material mental world with its
existence only spatially and not temporally. There is, again, the theory which
stresses the neurological basis of the “mental phenomenon” by asserting the
functional correlation of the neuronal arrangements of the brain with mental
phenomena.
The “behaviourist”
tradition, on the other hand, interprets all reference to mind as “constructs”
out of behaviour. “Functionalism”, however, seems to assert that mind isthe
logical or functional state of physical systems.But all theories seem to
recognise, in varying degrees, that the psychometric controlover the mind
operates at a level not yet fully taught to science. When a person is oppressed
by intense and seemingly insoluble moral
dilemmas,or when grief of loss of dear ones etch away all the bright colours of
life, or where a broken marriage brings with it the loss of emotional
security,what standards of normalcy of behaviour could be formulated and
applied?
The arcane
infallibility of science has not fully pervaded the study of the non-material
dimensions of “being”. Speaking of the indisposition of science towards this
study, a learned Author says: “...we have inherited cultural resistance to
treating the conscious mind as a biological phenomenon like any other. This
goes back to Descartes in the seventeenth century. Descartes divided the world
into two kinds of substances:mental substances and physical substances.
Physical substances were the proper domain of science and mental substances
were the property of religion.Something of an acceptance of this division
exists even to the
present day. So, for example,consciousness and subjectivity are often
regarded as unsuitable topics for science. And this reluctance to deal with
consciousness and subjectivity is part of a persistent objectifying
tendency.People think science must be about objectively observable phenomena.
On occasions when I have lectured to audiences of biologists and
neurophysiologists,I have found many of them very reluctant to treat the mind
in general and consciousnessin particular as a proper domain ofscientific
investigation....the use of the noun “mind” is dangerously inhabited by the
ghosts of old philosophical theories.It is very difficult to resist the idea that
the mind is a kind of a thing, or at least an arena, or at least some kind of
black box inwhich all of these mental processes occur. Lord Wilberforce,
referring to the psychological basis of physical illness said that the area of
ignorance of the body-mind relation seems to expand with that of knowledge. In McLoughlinv.
O’ Brian, the learned Lord said, though in a different context: (All ER
p. 301)“Whatever is unknown about the mind-body relationship(and the area of
ignorance seems to expandwith that of knowledge), it is now accepted by medical
science that recognisable and severe physical damage to the human body and
system maybe caused by the impact, through the senses, of external events on the
mind. There may thus be produced what is as identifiable an illness as any that
may be caused by direct physical impact. It is safe to say that this, in
general terms, is understood by the ordinary man or woman who ishypothesised by
the courts...”
But the illnesses that are called “mental”are
kept distinguished from those that ail the“body” in a fundamental way. In “Philosophy
and Medicine”, Vol. 5 at page X the learned Editorrefers to what
distinguishes the two qualitatively:“Undoubtedly, mental illness is so
disvalued because it strikes at the very roots of our person-hood. It visits us
with uncontrollable fears, obsessions,compulsions, and anxieties..... . . This
is captured in part by the language we use in describing the mentally ill. One is
an hysteric, is a neurotic, is an obsessive, is aschizophrenic,
is a manic-depressive. On the other hand, one has heart disease, has
cancer,has the flu, has malaria, has smallpox...”The
principle laid down by this Court in the aforesaid case with all fours is
applicable to the fact situation on hand wherein this Court has rightly referred
to Section 13 (1) (iii) of the Act and explanation to the said clause and made
certain pertinent observations regarding
“unsound mind” or“mental disorder” and the application of the same as grounds
for dissolution of marriage. This Court cautioned that Section 13 (1) (iii) of
the Act does not make a mere existence of a mental disorder of any degree
sufficient in law to justify the dissolution of marriage. The High Court in the
present case stated that a husband cannot simply abandon his wife because she is
suffering from sickness and relied on the evidence of RW-2, Dr. Krishna
Murthy,Superintendent, Institute of Mental Health,Hyderabad, where in it is
stated by him that schizophrenia can be put on par with diseases like
hypertension and diabetes on the question of treatability meaning that constant
medication is required in which event the disease would be under control. The
High Court also relied on the evidence
of PW-4, Dr. Ravi S.
Pandey, Professor and Head of Department of Psychiatry at NIMHANS, Bangalore,
who had examined the respondent and stated that the team could not find any
evidence suggesting that she has been suffering from schizophrenia at the time
of examining her and also stated in his cross examination that no treatment
including drugs were
given to her at
NIMHANS as they did not find any abnormality in her behaviour. He also stated
that it is true that psychiatrically there is no contraindication in leading a
normal conjugal life. Thus,they gave her a certificate, which is marked as Exh.B-11,
based on clinical examination and in the absence of any abnormal behaviour
including psychiatric features in the past history of respondent. The High
Court has not accepted the finding of fact recorded by the trial court on the
contentious issue and further stated that “schizophrenia” does not appear to be
such a dangerous disease and it can be controlled by drugs and in the present
case, this finding is supported by evidence of RW-2, who has stated in his
examination in- chief that the appellant herein has not made any reference to any of the acts of the
respondent that can constitute “schizophrenia” ailment. It is further held by
the High Court that there is no positive evidence to show that the respondent
has suffered from schizophrenia and even in the case she has suffered from some
form of schizophrenia, it can not be said that she was suffering from such a
serious form of the disease that would attract the requirement as provided
under Section 13 (1) (iii) of the Act and that it is of such a nature that it
would make life of the appellant so miserable that hecannot lead a marital life
with her.
We are of the opinion
that the High Court has rightly examined the entire evidence on record
and correctly found fault with the findings of fact recorded by the trial court
with regard to the ailment attributed to the respondent for seeking dissolution
of marriage under the ground of 'unsound mind' which is a non-existent fact.
In the case of Vinita
Saxena v. Pankaj Pandit3 (2006)3 SCC 778 this Court has examined in
detail the issue of schizophrenia where in the facts are different and the facts
and evidence on record are not similar to the case on hand.Therefore, the
observations made in the judgment for grant of decree for dissolution of
marriage under Section 13 (1) (ia) and Section 13(1) (iii) of the Act cannot be
applied to the fact situation of the case on hand. But, we would like to
examine what was said in that case on the issue of this disease,schizophrenia
-:
“What is the
disease and what one should know?
*A psychotic lacks
insight, has the whole of hispersonality distorted by illness, and constructsa
false environment out of his subjective experiences.*It is customary to define
‘delusion’ more orless in the following way. A delusion is a false unshakeable
belief, which is out of keeping with the patient’s social and cultural
background.German psychiatrists tend to stress the morbid origin of the
delusion, and quite rightly so. Adelusion is the product of internal morbid
processes and this is what makes it unamenable to external
influences.*Apophanous experiences which occur in acute schizophrenia and form
the basis of delusions of persecution, but these delusions are also the
result of auditory hallucinations, bodily hallucinations and experiences of
passivity. Delusions of persecution can take many forms. In delusions of
reference, the patient feels that people are talking about him, slandering him
or spying onhim. It may be difficult to be certain if the patient has delusions
of self-reference or if hehas self-reference hallucinosis. Ideas of delusions
or reference are not confined to schizophrenia, but can occur in depressive
illness and psychogenic reactions.
Causes
The causes of
schizophrenia are still under debate.A chemical imbalance in the brain seems
toplay a role, but the reason for the imbalance remains
unclear. One is a bit
more likely to becomes chizophrenic if he has a family member with the illness.
Stress does not cause schizophrenia, but can make the symptoms worse.
Risks
Without medication
and therapy, most paranoid schizophrenics are unable to function in the
realworld. If they fall victim to severe hallucinations
and delusions, they
can be a danger tothemselves and those around them.
What is
schizophrenia?
Schizophrenia is a
chronic, disabling mental illness
characterised by:
*Psychotic symptoms
*Disordered thinking
*Emotional blunting
How does
schizophrenia develop?
Schizophrenia
generally develops in late adolescence
or early adulthood,
most often:
*In the late teens or
early twenties in men
*In the twenties to
early thirties in women
What are the symptoms
of schizophrenia?
Although
schizophrenia is chronic, symptoms may
improve at times
(periods of remission) and worsen at other times (acute episodes, or period of
relapse).
Initial symptoms
appear gradually and can include:
*Feeling tense
*Difficulty in
concentrating
*Difficulty in
sleeping
*Social withdrawal
What are psychotic
symptoms?
*Psychotic symptoms
include:
*Hallucinations:
hearing voices or seeing things.
*Delusions: bizarre
beliefs with no basis in reality
(for example
delusions of persecution or delusions of grandeur).
These symptoms occur
during acute or psychotic phases of the illness, but may improve during periods
of remission.
A patient may
experience: *A single psychotic episode during the course of the illness
*Multiple psychotic episodes over a lifetime…”As per evidence of RW-2, schizophrenia is a
treatable, manageable disease, which can be put on par with hypertension and
diabetes. So also, PW-4, who had examined the respondent at NIMHANS, Bangalore
stated that the team could not find any evidencesuggesting schizophrenia at the
time of theirexamining the respondent
and he had stated in hiscross-examination that no treatment including drugs was given to her at NIMHANS as
they did not find any abnormality in her. They thus gave her a certificateof
normal mental status, based on the absence of anyabnormal findings in her
medical report includingpsychiatric features in the past history and
normalpsychological test. We have carefully perused theReport marked as Exh.
B-10 dated 24.4.1999 given bythe Doctors of Institute of Mental Health,
Hyderabad before the trial court.
The learned trial
Judge has misread the contents of the said report and alsowrongly interpreted
the same and recorded the findingthat the respondent is suffering from the
ailment of‘schizophrenia’ and therefore he has accepted thecase of the
appellant who has made out a ground underSection 13(1) (iii) of the Act wherein
it is stated that a spouse suffering from schizophrenia or incurably unsound
mind is a ground for dissolution of the marriage between the parties.
The High Court has
thus rightly set aside the decree of dissolution of marriage granted in favour
of the appellant and dismissed his petition and
granted a decree of
restitution of conjugal rights in favour of the respondent by allowing her petition. The
High Court has recorded the finding of fact on re-appreciation of material
evidence on record and has rightly held that the trial court has erroneously come
to the conclusion that the respondent
was suffering from schizophrenia by relying on the evidence of PW-1, who is the
appellant herein and as per the opinion
given by the Committee of Doctors in Ex.B-10. In the deposition by witness
RW-2, Dr.K.Krishna Murthy, he has stated in his examination in-chief that Schizophrenia has become eminently treatable
with the advent of many new psychiatric drugs. He further stated that many
patients with schizophrenia are able to lead a near normal life with medication.
The trial court has
erroneously relied on certain cases referred to and applied the principle laid
down in those cases to the facts of this case even though they are not
applicable to the case on hand either on facts or in law as the appellant has
not proved the allegations made in the petition against the respondent by
adducing positive and substantive evidence on record to substantiate the same
and that the alleged ailment of the respondent
would fall within the provision of Section 13(1)(iii) of the Act.
Therefore, he has not made out a case for grant of decree for dissolution of
marriage. We have carefully examined Ex. Nos. X-6 toX-11, which are the
prescriptions of medicine prescribed to her by Dr. Mallikarjuna Rao, Dr.
PramodKumar and Dr.M.Kumari Devi. The above prescriptions mention the symptoms
of the ailment of the respondent, which were in the nature of delusions, suspicious
apprehensions and fears, altered behaviours,
suicidal tendency and past history of depression. Reliance is placed by PW 1 on
the abovedocumentary evidence to prove that the respondent was suffering from
the mental disorder of schizophrenia and
therefore it squarely falls within the provisionof Section 13(1)(iii) of the
Act for grant of decreeof dissolution of marriage in his favour. The High Court
has rightly held that the trial court haserroneously accepted the same and
recorded its finding of fact on the contentious issues to pass decree of
divorce in favour of the appellant, which is contrary to the decision of this
Court in the caseof Ram Narain Gupta vs. Rameshwari Gupta supra.
Thes ame decision has been relied upon by the respondent before the
High Court, wherein the said decision wascorrectly accepted by it to set aside
the erroneousfinding of fact recorded by the trial court on the contentious
issue.
The legal question
that arises for our consideration is whether the marriage between theparties can
be dissolved by granting a decree of divorce on the basis of one spouse's
mental illness which includes schizophrenia under Section 13 (1)(iii) of the
Act. In the English case of Whysall v.Whysall , (1959) 3 All ER
389 it was held that a spouse is
‘incurably of unsound mind’ if he or she is of such mental incapacity as to make
normal married life impossible and there is no prospect of any improvement in
mental health, which would make this possible in future. The High Court of
Judicature at Calcutta, in PramathaKumar Maity v Ashima Maity AIR 1991 Cal 123 has held that mental disorder of the wife,
even if proved, cannot, byitself, warrant a decree of divorce and it must be
further proved that it is of such a nature as the husband could not be expected
to live with the wife.The Allahabad High Court, in Mt. Tilti Vs.
AlfredRebert Jones66 AIR 1934 All 273 has held that where it has come
on record that the wife has improved her educational qualifications and has
been looking after her children, the apprehension of the husband that there is
danger to his life or to his children is not borneout is the finding recorded
in the said case.Inability to manage his or her affairs is an essential
attribute of an “incurably unsound mind”.
The facts pleaded and
the evidence placed on recordproduced by the appellant in this case does not
establish such inability as a ground on which dissolution of marriage was
sought for by him beforethe trial court.
The High Court has
rightly set aside the said finding and allowed the appeal of the respondent after
careful scrutiny of Exh.B-10. The correctness of the finding of the High Court
in the impugned judgment is seriously challenged by the learned senior counsel
on behalf of the appellant in this appeal. We have examined this contention,
aftercareful perusal of the contents of Exh.B-10. In our considered view, the
contents of the report as stated by the
team of doctors do not support the case of the appellant that the respondent is
suffering from a serious case of schizophrenia, in order to grant the decree of divorce under Section 13(1)
(iii) of the Act. The report states that the respondent, although suffering from
‘illness of schizophrenic type’, does not show symptoms of psychotic illness at
present and has responded well to the treatment from the acute phases and her
symptoms are fairly under control withthe medication which had been administered
to her.It was further stated that if there is good compliance with treatment
coupled with good social and family support, a schizophrenic patient can
continue their marital relationship. In view of the aforesaid findings and
reasons recorded, we have to hold that the patient is not suffering from the
symptoms of schizophrenia as detailed above. We are of the view that the High
Court in exercise of its appellate jurisdiction has rightly come to a different
conclusion that the respondent is not suffering from the ailment of
schizophrenia or incurable unsoundness of mind. Further, the High Court has
rightly rejected the finding of the trial court which is based on exh.B-10 and
other documentary and oral evidence by applying the ratio laid down by this
Court in the case of Ram NarainGupta vs. Rameshwari Gupta referred
to supra. A pertinent point to be taken into consideration isthat the respondent
had not only completed MBBS but also did a post graduate diploma in Medicine
and was continuously working as a Government Medical Officer and had she been
suffering from any serious kind of mental disorder, particularly, acute type of
schizophrenia, it would have been impossible for her to work in the said post.
The appellant-husband can not simply abandon his wife because she is suffering
from sickness. Therefore, the High Court allowed both the CMAs and dismissed
O.P. No. 203/2000 filed by the appellant for divorce and allowed O.P.No.1/99
filed by the respondent for restitution of conjugal rights wherein the High
Court granted decreeof restitution of conjugal rights in favour of
therespondent.
It is thus clear that
the respondent, even if she did suffer from schizophrenia, is in a much
better health condition at present. Therefore, this Court cannot grant the
dissolution of marriage on the basis of one spouse's illness. The appellant has
not proved the fact of mental disorder of the respondent with reference to the
allegation made against her that she
has been suffering
from schizophrenia by producing positive and substantive evidence on record and
on the other hand, it has been proved that the respondent is in much better
health condition and does not show signs of schizophrenia as per the most recent
medical report from NIMHANS, as deposed by PW-4 in his evidence before the
trial court.
For the aforesaid
reasons, we are of the firm view that the findings and reasons recorded
insetting aside the judgment and decree of the trial
court is neither
erroneous nor does it suffer from error in law which warrants our interference
and calls for setting aside the impugned judgment and
decree of the first
appellate court. Therefore, this Court cannot interfere with the impugned judgment of the
High Court as the same is well-reasoned and based on cogent reasoning of facts
and evidence on record and accordingly, we answer point no.4 in favour ofthe
respondent.
Under Hindu law,
marriage is an institution, ameeting of two hearts and minds and is something
that can not be taken lightly. In the Vedic period, the sacredness of the
marriage tie was repeatedlydeclared; the family ideal was decidedly high and it
was often realised [ Vedic Index, I,
484,485; CHI,I,89 as in Ranganath Misra J. Revised., Mayne’s Treatise on Hindu
Law and Usage, Fifteenth Edition, 2003, Bharat Law House at p.97] . In
Vedic Index I it is stated that “The high value placed on the marriage is shown
by the long and striking hymn”. In Rig Veda, X, 85;“Be, thou, mother of heroic
children, devoted to the Gods, Be, thou, Queen in thy father-in-law’shousehold.
May all the Gods unite the hearts of us“two into one” as stated in Justice
Ranganath Misra’s ‘Mayne’s Treatise on Hindu Law and
Usage’. Fifteenth Edition, 2003, Bharat Law House at p.97 Marriage is highly
revered in India and we are a Nation that prides itself on the strong foundation
of our marriages, come hell or high water, rain or sunshine.Life is made up of
good times and bad, and the bad times can bring with it terrible illnesses and extreme
hardships. The partners in a marriage must weather these storms and embrace the
sunshine with equanimity. Any person may have bad health, this is not their
fault and most times, it is not within their control, as in the present case,
the respondent was unwell and was taking treatment for the same.
The illness had its
fair share of problems.Can this be a reason for the appellant to abandon her
and seek dissolution of marriage after the child is born out of their union?
Since the child is now a grown up girl, her welfare must be the prime
consideration for both the parties. In view of the foregoing reasons, we are of
the opinion that the two parties in this case must reconcile and if the
appellant so feels that the respondent is still suffering, then she must be
given the right treatment. The respondent must stick to her treatment plan and make
the best attempts to get better. It is not in the best interest of either the
respondent or her daughter who is said
to be of adolescent age for grant of a decree of dissolution of marriage
as prayed for by the appellant. Hence, the appeal is liable to be dismissed.
Accordingly, we dismiss the appeal and uphold the judgment of the High Court in
not granting a decree of divorce and allowing the petition for restitution of
conjugal rights. Therefore, we grant a decree for restitution of conjugal
rights under Section 9 of the Act in favour of the respondent.
J.[G.S. SINGHVI]
J.[V. GOPALA GOWDA]
New Delhi,
September 17, 2013
