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fca.136.13.sxw
Mrs. Hemali Bindesh Kelaiya Residing at C/o Mr. Suman Shah 101 Ratna Sindhu 90 Versova in! Road" #ear H$%C Ban!" &ndheri '() Mum*ai+,00 0-. Vs.
.... Mrs. &nita &. &gar7al &dvo5ate 4or the &//ellant Mr. Sam8i 2ose/h along 7ith Mr. Suresh Ba*u i/* Mr. R.B. 6adav and &sso5iates 4or the Res/ondent ....
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CORAM : SMT.V.K.TAHILRAMANI AND V.L. ACHLIYA, JJ. RESERVIED ON : NOVEMBER 1 , 2013 DECLARED ON : JANUARY 21, 201!
Mr. Bindesh 2ayantilal Kelaiya Residing at B/103" 1st 4loor" Royal &55ord" 6ogi #agar" Borivali '()" Mum*ai+,00 091
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FAMILY COURT APPEAL NO. 136 OF 2013
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300; 7as 4iled *y the a//ellant *e4ore the %amily Court 5laiming de5ree o4 divor5e on the ground o4 5ruelty and on the
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9hus" the /etition 7as 4iled under Se5tion 1.'1)'i+a) and <n the said
/etition.
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marriage" she started 5oha*iting 7ith the res/ondent. $uring their 5oha*itation" she noti5ed that the res/ondent is su44ering 4rom mental si5!ness. He used to have re5urrent atta5!s o4
mental disorder/illness due to 7hi5h" he *e5ame violent and he gave a*uses and assaulted her" thus" 5ausing her mental and /hysi5al 5ruelty. &55ording to the a//ellant" the res/ondent
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their honeymoon" in %e*ruary" 300. 7hen they had gone to South <ndia" on 3?.10.300." in &ugust" 300," in 2anuary" 300:" Se/tem*er" 300:" 3..,.300? and on -.-.300?. &55ording to
the a//ellant" on 3..,.300?" the res/ondent gave a*uses and *eat her mer5ilessly. $ue to 4ear" she 7as 5om/elled to leave the matrimonial house.
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res/ondent had /ur5hased a ne7 4lat and the a//ellant had 5ontri*uted Rs.3"00"000/+ 4or /ur5hasing the 4lat. She also
s/ent amount 4or de5orating the 4lat" there4ore" she has 5laimed a55ommodation. &55ording to the a//ellant" her
*elongings as /er the list atta5hed to the /etition" 7ere in the 5ustody o4 the res/ondent" hen5e" she had 5laimed 4or return
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9he
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o4 her =stridhan>.
stated at this stage that *e4ore the %amily Court at the time o4 arguments" the learned advo5ate 4or the a//ellant su*mitted that the a//ellant has re5eived all her =stridhan /ro/erty> as
/er the list and there is no =stridhan /ro/erty> remaining in the 5ustody o4 the res/ondent.
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her eviden5e *y 4iling a44idavit *y 7ay o4 e@amination+in+5hie4. She has also addu5ed eviden5e o4 $r. Kaustu* MaAumdar 1(+3 and the eviden5e o4 her em/loyer Ra8esh Bhatalia 1(+.. 9herea4ter" she has 5losed her eviden5e. <n order to re*ut the 5laim o4 the a//ellant" the res/ondent+hus*and has addu5ed his eviden5e *y 4iling his a44idavit *y 7ay o4 e@amination+in+ 5hie4 and therea4ter" he has 5losed his eviden5e.
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He also
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have 5are4ully 5onsidered their oral eviden5e as 7ell as the do5umentary eviden5e led *y *oth the /arties. 7hi5h 7e are 5alled u/on to de5ide" areC '1) 9he issues
the res/ondent treated the a//ellant 7ith 5ruelty D '3) (hether the a//ellant has /roved that the
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mental disorder o4 su5h a !ind and to su5h an e@tent that the a//ellant 5annot reasona*ly *e e@/e5ted to live 7ith the res/ondent D '.) (hether the a//ellant is entitled to a
de5ree o4 divor5e under Se5tion 1.'1)'i+a) and 1.'1) 'iii) o4 the Hindu Marriage &5t" 19--D ',) (hether the a//ellant is entitled 4or
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is su44ering 4rom mental disorder and he had not dis5losed it to her *e4ore their marriage. $ue to mental disorder" the
*eat her and he also *eat her in the month o4 %e*ruary" 300. 7hen they *oth had gone to South <ndia and in &ugust" 300,.
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9he res/ondent had *eaten her mer5ilessly in 2anuary" 300:. 9he res/ondent had given a*uses and assaulted her in the /resen5e o4 her /arents in Se/tem*er" 300:. 0n 11.3.300? he had assaulted her. 0n 3..,.300? he had *eaten her
mer5ilessly and 5om/elled her to leave the matrimonial house and sin5e then she is staying 7ith her /arents. 0n -.-.300? the res/ondent had 5ome to her /arents house" /ulled her
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hand" s5reamed at her and had given a*uses and assaulted *y hand to her *rother and 4ather. 9he res/ondent has denied all
9he res/ondent has 5ross+e@amined the a//ellant in order to dis5redit her statements made in e@amination+in+5hie4.
made any 5om/laint *e4ore her /arents regarding the alleged 5ruelty 5aused to her *y the res/ondent. <4 the hus*and
a*uses
and
assaulting
5aused mental and /hysi5al 5ruelty to the 7i4e *y giving her mer5ilessly" then in normal
*e4ore the /oli5e against the hus*and either *y the vi5tim or *y her relatives. &dmittedly" in /resent 5ase" neither the
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a//ellant nor her *rother or /arents have 4iled any 5riminal 5om/laint against the res/ondent regarding 5ausing her mental and /hysi5al 5ruelty.
res/ondent had a*used and assaulted her in 2anuary" 300: in /resen5e o4 her /arents *ut neither the a//ellant nor her
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4iled any 5om/laint *e4ore the /oli5e and she has also not
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/arents
have
4iled
any
5riminal
5om/laint
against
the
res/ondent nor have her /arents *een e@amined to su//ort her 5ase. Her eviden5e 4urther sho7s that on -.-.300?" the
her 4ather and *rother *ut they have also not 4iled any 5om/laint against the res/ondent. Her eviden5e 4urther sho7s
not
4iled
any
5om/laint
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against the
that her 4ather and *rother 7ere assaulted *ut still they have res/ondent. 9he
res/ondent.
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addu5e eviden5e o4 her 4ather and *rother to su//ort and to &dmittedly" the a//ellant has not
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the *est 7itnesses 7hi5h are easily availa*le to her. She has also not given any /ro/er e@/lanation 4or not addu5ing eviden5e o4 the *est 7itnesses i.e. her 4ather and *rother. 9here4ore" in this situation" adverse in4eren5e 5an *e dra7n against the a//ellant 4or non+e@amination o4 su5h material 7itnesses. 9here4ore" in su5h situation" it 5reates dou*t a*out the truth4ulness o4 the eviden5e o4 the a//ellant.
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3:.1.3000 at the time o4 honeymoon" in %e*ruary" 300. in South <ndia" on 3?.3.300." in &ugust" 300," in 2anuary" 300:" in
5on5erned" a55ording to the a//ellant" they o55urred in /resen5e o4 her 4ather and *rother" ho7ever" *oth o4 them
assaulted her 4ather and her *rother. <t is not her 5ase that she 7as assaulted on that day. 6et she has not e@amined her
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e@amined the *est 7itnesses 7ho 7ere easily availa*le to her. 9his raises dou*t a*out the vera5ity o4 her eviden5e.
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a55ording to the a//ellant" it o55urred on their honeymoon 7hen they had gone 4or honeymoon 4or 1- days through
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in5idents
relating
to
2anuary"
300:
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and -.-.300? are
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/a5!age tour.
&//ellant as!ed the res/ondent 7hy they 5ould not en8oy li!e other 5ou/les. (hereu/on" he *e5ame 4urious and started
*ehaving in a rude manner and started saying *ad 7ords. 9he a//ellant has not stated e@a5tly in 7hat manner
the res/ondent. 9hus" these allegations are 4ound to *e very vague and they 7ould not *e o4 mu5h hel/ to the a//ellant.
%e*ruary" 300." they had gone to South <ndia 4or t7o 7ee!s.
res/ondent used to argue 7ith her on small issues and used to *eat her. 9he a//ellant has not stated on 7hat issues or things
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the res/ondent used to argue 7ith her a*out or *eat her. She has not stated that any in8ury 7as 5aused to her. #o details have *een 4urnished *y the a//ellant" 7hi5h ma!es her 5ase unrelia*le. 9he a//ellant has stated that on 3?.10.300." the res/ondent a*used her and stated *ad 7ords to her 7hen her mother had e@/ired. &gain no details have *een stated *y the a//ellant so as to ma!e her 5ase *elieva*le. Her allegations
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She has stated that on almost every day o4 their stay" the
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*ehaviour. She has not stated 7hat 7ere the 7ords stated *y
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res/ondent had *eaten her so mer5ilessly that she 5ould not *ear the /ains and 7ent to her /arents house. &gain the
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reason 4or *eating her u/" has not *een stated nor has she #o medi5al
a*ove a*out the in5idents 7hi5h a55ording to the a//ellant" o55urred in 2anuary" 300: and on -.-.300?. Hen5e" 7e 7ill not
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month o4 Se/tem*er" 300: she had served F5hole and *readF to the res/ondent. 9he res/ondent *ehaved in an ill+mannered 7ay. He had had arguments 7ith his 4ather 4e7 minutes *e4ore the dinner. 9he res/ondent then thre7 the /late o4 4ood and
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She has stated that she dis5losed to her 4ather and her *rother
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s/oiled the hall. He also thre7 the a//ellant>s 4ood in the dust *in and shouted at every*ody. &s 4ar as this in5ident is
7as angry 7ith his o7n 4ather and not the a//ellant and the in5ident o55urred as the res/ondent
7ith his 4ather 8ust a 4e7 minutes *e4ore" it is 4urther the 5ase
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o4 the a//ellant that she 7as sla//ed *y the res/ondent and 9he
res/ondent then as!ed his 4ather to 5lean the room and 7ent
a//ellant. 9his in5ident o55urred as the res/ondent had had a 4ight 7ith his 4ather and had nothing to do 7ith the a//ellant.
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9he res/ondent did not e@/ress his anger only to7ards the a//ellant *ut during this in5ident he e@/ressed his anger to7ards all the mem*ers o4 his 4amily. %rom this in5ident" it 5annot *e said that the res/ondent treated the a//ellant 7ith 5ruelty. Married li4e should *e revie7ed as a 7hole and 4e7
isolated instan5es over a /eriod o4 years 7ill not amount to 5ruelty. 9he ill+5ondu5t must *e /ersistent 4or a 4airly lengthy
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/eriod 7here the relationshi/ has deteriorated to su5h an e@tent that *e5ause o4 the a5ts and *ehaviour o4 a s/ouse" the
and tear o4 the married li4e 7hi5h ha//ens in day+to+day li4e" 7ould not *e adeEuate 4or grant o4 divor5e on the ground o4
5om/lained o4" really amounts to 5ruelty" has to *e determined 4rom 7hole 4a5ts and the matrimonial relations *et7een the
5ourse o4 su5h 5ondu5t *ut really go *y the intensity" gravity and stigmati5 im/a5t o4 it 7hen meted out even on5e and the
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deleterious e44e5t o4 it on the mental attitude" ne5essary 4or maintaining a 5ondu5ive matrimonial home.
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<n
relation
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to the
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allegations
mental 5ruelty.
regarding the 5ruelty *y the res/ondent" it is 7ell settled la7 that *urden o4 /roving 5ruelty lies heavily u/on the /erson 7ho ma!es the allegations. <n the /resent 5ase" all the in5idents
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5ruelty o4 the a//ellant
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stated *y the a//ellant e@5e/t the in5ident in the month o4 Se/tem*er" 300:" are vague in nature. #o details have *een
in5ident relating to Se/tem*er" 300: is 5on5erned" it a//ears that anger o4 the res/ondent 7as dire5tly to7ards his 4ather as
he had had heated arguments 7ith his 4ather 8ust 4e7 minutes
*e revie7ed as a 7hole and 4e7 isolated instan5es over a /eriod o4 years 7ill not amount to 5ruelty. &s 4ar as the
the *est 7itnesses i.e. 4ather and *rother o4 the a//ellant have
<t is /ertinent to note that the res/ondent has denied all these allegations. 9he res/ondent has *een 5ross+e@amined. 9he
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res/ondent has s/e5i4i5ally /leaded and stated in his eviden5e that he had not given mental and /hysi5al 5ruelty to the a//ellant *y giving her a*uses and *eating. He has denied all the alleged in5idents o4 5ruelty to the a//ellant *y him. He has not at all *een dislodged in his 5ross+e@amination. <t is to *e noted that the res/ondent has s/e5i4i5ally stated in his eviden5e that on 3..,.300?" the a//ellant hersel4 le4t the
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/rior to the in5ident. &s stated earlier" the marriage li4e should
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matrimonial home stating that she 7ould 5ome *a5! 7ithin ten days to the matrimonial home. She stated that she had to go
she did not 5ome as stated *y her and on -.-.300? he 7as 5alled *y the a//ellant>s 4ather to their home. &55ordingly" he
to *ring her *a5! 4or 5oha*itation *ut the a//ellant did not 5ome 7ith him and at that time" the a//ellant>s *rother and
and he had not given a*uses and assaulted her" there4ore" the a*ove eviden5e o4 the res/ondent" remains un5hallenged.
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9here4ore" on this /ie5e o4 eviden5e" it 5an sa4ely *e held that the a//ellant le4t the matrimonial home on 3..,.300? o4 her o7n a55ord stating that she 7ould 5ome *a5! 7ithin ten days 4or 5oha*itation. <t is /ertinent to note that the a//ellant has also admitted in her 5ross+e@amination that the res/ondent made attem/ts to *ring her *a5! 4or 5oha*itation *ut she did not 5ome *a5! to the matrimonial home.
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4ather assaulted him and drove him a7ay. 9he a//ellant has
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1,
violent *ehaviour o4 the res/ondent to7ards the a//ellant. He has 5learly stated in his 5ross+e@amination that he has not
rely on the hearsay eviden5e o4 1(+. Ra8esh Bhatalia 7hen eye 7itnesses are availa*le.
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9he a//ellant is also see!ing divor5e on the ground o4 <n order to /rove that the
res/ondent is su44ering 4rom mental illness" the a//ellant has e@amined 1(+3 $r. MaAumdar. $r. MaAumdar has stated in his
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eviden5e that he is 7or!ing as 1sy5hiatrist in B.&.R.C. 'Bha*ha &tomi5 Resear5h Centre). 9he res/ondent is also 7or!ing in
the said Resear5h Centre. $r. MaAumdar !ne7 the res/ondent as they 7ere *oth 7or!ing in one and same <nstitution. He has stated that the res/ondent 7as ta!ing treatment 4rom him. 9he res/ondent had 5ome to his de/artment 7ith sym/toms o4 F/aranoid s5hiAo/hreniaF. 9he $o5tor has /rodu5ed @ero@
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5o/ies o4 medi5al /a/ers o4 the res/ondent. <t is /ertinent to note that the a//ellant has not /rodu5ed the original medi5al /a/ers o4 the res/ondent. 1(+3 $r. MaAumdar has admitted that the originals o4 medi5al /a/ers o4 the res/ondent are 7ith B.&.R.C. ho7ever" they 7ere not /rodu5ed *e4ore the Court and only @ero@ 5o/ies o4 the medi5al /a/ers 7ere /rodu5ed. 9hus"
is 7ell settled that the *urden o4 /roving a 4a5t lies heavily u/on the /erson 7ho ma!es the allegations. 9he a//ellant has
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/a/ers
the medi5al /a/ers have not *een /roved a55ording to la7. <t
&dmittedly"
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'G@h. 3;) 5annot *e read in eviden5e against the res/ondent. the medi5al /rodu5ed *y 1(+3 $r.
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eviden5e. &dmittedly" the a//ellant has not ta!en /ermission 4rom the Court *e4ore leading su5h se5ondary eviden5e. 9he a//ellant 7as reEuired to 5om/ly 7ith Se5tion :- o4 the <ndian Gviden5e &5t *e4ore leading se5ondary eviden5e 7hi5h has not *een done *y the a//ellant.
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the
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original is a55ounted 4or" so 4ar as to *ring it 7ithin the <ndian Gviden5e &5t.F
&dmittedly" the medi5al /a/ers are not the original or 5erti4ied 5o/ies issued *y the B.&.R.C.
given the /ro/er e@/lanation 4or non+/rodu5tion o4 the original medi5al /a/ers. 9he mandatory essential reEuirements o4
Se5tion :- o4 the <ndian Gviden5e &5t" have not *een 5om/lied 7ith *y the a//ellant. 9here4ore" in this situation and
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the a*ove authority" in our o/inion" the a//ellant has 4ailed to /rove the medi5al /a/ers /rodu5ed at G@h. 3;. 9here4ore" the medi5al /a/ers /rodu5ed at G@h. 3; 5annot *e read in eviden5e against the res/ondent.
1?
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that due to /ro8e5t 7or! and 5ontinuous 7or! /ressure he 7as not getting /ro/er slee/" and there4ore" he used to ta!e medi5ines. $r. MaAumdar has stated in his eviden5e that the
res/ondent used to ta!e ta*lets as /er his /res5ri/tion. He has also stated in his 5ross+e@amination that the res/ondent a//roa5hed B.&.R.C. hos/ital /ersonally due to 7or! /ressure
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that he has not /res5ri*ed any medi5ines to the res/ondent *et7een 2une" 300? to Se/tem*er" 300?. He has 4urther
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admitted in the same /aragra/h that as /er his advi5e the res/ondent sto//ed ta!ing medi5ines during the a*ove /eriod. <n vie7 o4 the a*ove dis5ussion" in our o/inion" the eviden5e o4 1(+3 $r. MaAumdar does not /rove that the res/ondent is su44ering 4rom mental disorder to su5h an e@tent that it 7as di44i5ult 4or the a//ellant to live 7ith the res/ondent.
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that the a*ove ta*lets redu5e stress and ena*le /ro/er slee/.
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o44i5ial 7or! and he is not su44ering 4rom any mental disorder. Hen5e" on this *asis" it 5an sa4ely *e held that he is not
9he a//ellant>s 7itness 1(+3 $r. MaAumdar has also not stated in his eviden5e that the res/ondent 7as hos/italiAed 4or some
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/eriod o4 time 4or his alleged mental disorder and ele5tri5 sho5! treatment 7as given to him. <n 4a5t" $r. MaAumdar has stated that i4 the /atient is violent and aggressive" they gave ele5tri5 sho5!. 9his sho7s that the res/ondent>s *ehaviour 7as not so violent or aggressive so as to give him ele5tri5 sho5! treatment. $r. MaAumdar has admitted that on 3.,.199; the res/ondent a//roa5hed B.&.R.C. hos/ital due to 7or! stress
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and slee/lessness. He /res5ri*ed F9rini5alm/lus and C1HF on 3.,.199; to the res/ondent. $r. MaAumdar has 4urther
res/ondent *et7een the /eriod 4rom 2une" 300: to Se/tem*er" 300?. He has admitted that that as /er his advi5e" the
9hus" this sho7s that lo7est /ossi*le dosage 7as *eing given to the res/ondent. 1(+3 $r. MaAumdar 7ho is the a//ellant>s
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7itness" has also stated a*out the /romotion o4 the res/ondent 4rom FBF Brade to FCF Brade. He has also stated that he 7as
a7are that the res/ondent 7as the Se5retary o4 the so5iety o4 his *uilding Royal &55ord. 9his sho7s that the res/ondent 7as not su44ering 4rom su5h a disorder that the a//ellant 5annot reasona*ly *e e@/e5ted to live 7ith him.
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ta*lets are availa*le in 3.- mg." - mg." ?.- mg." and 10 mg.
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$r. MaAumdar has <t
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has /la5ed relian5e u/on the de5ision o4 the Su/reme Court in the 5ase o4 Vinita Saxena Vs. Pankaj Pandit , re/orted in AIR
200
S.C. 1
2.
5ase" the hus*and 7as su44ering 4rom mental disorder. <t 7as a
5ase" it 7as held that the 7i4e 7as entitled to a de5ree o4 divor5e. (e have 5are4ully gone through the said de5ision. <n the said de5ision" it is noti5ed that the hus*and 7as su44ering 4rom mental disorder and 7as not a*le to have se@ual
5onsummated.
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relationshi/ 7ith 7i4e" due to 7hi5h" the marriage 7as not 9he Su/reme Court in the said de5ision held
hus*and attem/ted to 5ommit sui5ide and 7as a 5ase o4 F/aranoid s5hiAo/hreniaF. 9he /arties 7ere living se/arately
and had not seen ea5h other sin5e last 1. years. Considering humane as/e5t" the Su/reme Court held that the 7i4e 7as entitled to a de5ree o4 divor5e. 9hus" it is seen that it 7as not only on the ground that the hus*and 7as su44ering 4rom
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F/aranoid s5hiAo/hreniaF that divor5e 7as granted *ut it 7as mainly on a55ount o4 the 4a5t that the hus*and 7as not a*le to
Court has o*served that under Se5tion 1.'1)'i+a) Fmental disorderF as a ground o4 divor5e is only 7here it is o4 su5h a
res/onsi*le /ost in B.&.R.C. He had *een /romoted. He 7as 7or!ing as Se5retary o4 his so5iety 4or a num*er o4 years
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during the /eriod that the a//ellant 7as married to him. %rom these 4a5ts" it is seen that the hus*and i.e. res/ondent 7as a*le to live a normal li4e.
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is 7hether the marriage *et7een the /arties 5an *e dissolved *y granting a de5ree o4 divor5e on the *asis o4 one s/ouse>s
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mental illness 7hi5h in5ludes s5hiAo/hrenia under Se5tion 1.'1)'iii) o4 the &5t. <n the Gnglish 5ase o4 (hysall Vs. ShysallI
'19-9) . &
unsound mind i4 he or she is o4 su5h mental in5a/a5ity as to ma!e normal married li4e im/ossi*le and there is no /ros/e5t o4 any im/rovement in mental health" 7hi5h 7ould ma!e this
/roved" 5annot" *y itsel4" 7arrant a de5ree o4 divor5e and it must *e 4urther /roved that it is o4 su5h a nature as the 7i4e 5ould not *e e@/e5ted to live 7ith the hus*and.
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/ossi*le in 4uture.
/la5ed on re5ord /rodu5ed *y the a//ellant in this 5ase" does not esta*lish su5h ina*ility as a ground on 7hi5h dissolution o4
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thus" 5lear that the res/ondent" even i4 he did su44er 4rom s5hiAo/hrenia" it 7as not to su5h an e@tent as to ma!e living together im/ossi*le.
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*e /roved to *e su5h
re/orted in AIR 19(( S.C. 22 0) has held that the degree o4 mental disorder must *e /roved. <t should *e su5h that the
FmindF and Fmental disorderF o55ur in the se5tion as grounds 4or dissolution o4 a marriage" reEuire the assessment o4 the
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7ith the other. &ll mental a*normalities are not re5ogniAed as <4 the mere e@isten5e o4 any
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marriage" 4e7 marriages 7ould" indeed" survive in la7. But the /ersonality disintegration that 5hara5teriAes this illness may *e o4 varying degrees. #ot all s5hiAo/hreni5s are 5hara5teriAed *y the same intensity o4 the disease. 9he mere *randing o4 a %or the is 7hat
/erson as s5hiAo/hreni5 there4ore" 7ill not su44i5e. /ur/ose o4 Se5tion 1.'1)'iii) Fs5hiAo/hreniaF
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unsound mind or intermittently su44ering 4rom s5hiAo/hrenia or mental disorder. &t the same time that disease must *e o4
su5h a !ind and o4 su5h an e@tent that the other /arty 5annot
reasona*ly *e e@/e5ted to live 7ith him. So only one element o4 that 5lause is insu44i5ient to grant a de5ree.F
3.
su44er 4rom F/aranoid s5hiAo/hreniaF has not *een dislodged in the 5ross+e@amination. 9he res/ondent has also stated that he
om
had not given any mental or /hysi5al 5ruelty to the a//ellant *y giving her a*uses and *eating. #o dent has *een 5reated in this averment in the 5ross+e@amination. <n vie7 o4 the a*ove dis5ussion" in our o/inion" the a//ellant 4ailed to /rove that the res/ondent+hus*and treated her 7ith 5ruelty and her hus*and i.e. the res/ondent is su44ering 4rom any mental disorder o4 su5h nature that she 5annot *e reasona*ly e@/e5ted to live
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at length.
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7ith him. <n our vie7" the eviden5e o4 the res/ondent sho7s that there 7as minor 7ear and tear o4 their married li4e. <t is a
not entitled to get the de5ree o4 divor5e on the ground o4 5ruelty and mental disorder o4 the res/ondent as /er Se5tion
3,
9he
a//ellant
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has also
5laimed
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stated in his eviden5e that he had re/aid Rs.3"00"000/+ to the a//ellant *y 5heEue. 9his averment o4 the res/ondent has
*een admitted *y the a//ellant in her 5ross+e@amination. 1aragra/h ,1 o4 o4 her 5ross+e@amination sho7s that the res/ondent re/aid Rs.3"00"000/+ to her. &s 4ar as her averment that she had s/ent Rs. ,"00"000/+ to Rs.-"00"000/+ on 4urnishing and de5orating the 4lat is 5on5erned" she has not addu5ed any
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ty/e o4 5ogent or do5umentary eviden5e to /rove that she has s/ent Rs. ,"00"000/+ to Rs. -"00"000/+ 4or 4urnishing and de5orating the 4lat. 9hus" 7e 4ind that the eviden5e o4 the
a//ellant is dou*t4ul and not trust7orthy and in our vie7" the a//ellant has 4ailed to /rove that she had 5ontri*uted any amount at the time o4 /ur5hasing o4 the 4lat. 9he res/ondent
the 4lat *y ta!ing loan and his /arents also 5ontri*uted to7ards the same. 9his eviden5e o4 the res/ondent has not at all *een
eviden5e o4 the res/ondent that he is o7ner o4 the 4lat" a//ears to *e trust7orthy and *elieva*le. <n su5h
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5ir5umstan5es" 7e hold that the a//ellant 4ailed to /rove that she has 5ontri*uted Rs.3"00"000/+ 4or /ur5hasing ne7 4lat and s/ent Rs. ,"00"000/+ to Rs.-"00"000/+ 4or 4urnishing and de5orating the 4lat. 9here4ore" she is not entitled 4or any
3-
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9he a//ellant has 9here4ore" the
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are o4 the o/inion that the a//ellant 4ailed to /rove her 5ase. 9here is no merit in the a//eal. dismissed. 9he a//eal is" there4ore"
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