lnþÿÿÿijkÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿ ð¿m.m.û>û>jxx’-’-ÛQQQû>B x’-x’-DQû>DQQ‚SxxÎS’-d-ãF»¹Ð=LbšSD•0Å¢S,E’ŸNüE’ÎSÎS&E’xôSP9m.pÝ3âQ¿7Û: m.m.m.jj›Pjm.m.m.Åû>û>û>û>ŒŒŒ„"ŒŒŒ"ŒŒŒxxxxxxÿÿÿÿTHE HON’BLE SRI JUSTICE RAMESH RANGANATHAN and THE HON’BLE SRI JUSTICE M.SATYANARAYANA MURTHY CIVIL MISCELLANEOUS APPEAL Nos.812 and 813 of 2005 COMMON JUDGMENT: (Per Hon’ble Sri Justice M.Satyanarayana Murthy) These two appeals are preferred by the respondent (wife) in H.M.O.P.No.135 of 2002 and petitioner in H.M.O.P.No.170 of 2002 on the file of the II Additional Senior Civil Judge, Kakinada (hereinafter will be referred as ‘trial Court’), challenging the common order dated 23.08.2005, whereunder, the petition filed by the wife, i.e., H.M.O.P.No.170 of 2002, under Section 9 of the Hindu Marriage Act, 1955 (for short, ‘the Act’) was dismissed, while allowing the petition filed by the husband, i.e., H.M.O.P.No.135 of 2002, under Sections 13(1)(ia) and 13(1)(iii) of the Act by dissolving the marriage between them. 2. For convenience of reference, the ranks given to the parties before the trial Court in H.M.O.P.No.135 of 2002, as petitioner-husband and respondent-wife, will be adopted throughout the judgment. 3. The petitioner-husband filed petition under Sections 13(1)(ia) and 13(1)(iii) of the Hindu Marriage Act, 1955 seeking decree of divorce on the ground of cruelty and also on the ground that the respondent-wife is suffering from mental disorder, alleging that the marriage between them was performed on 03.11.1995, but there was no monetary transactions between the parties either before or after the marriage. Soon after the marriage, the respondent-wife joined the petitioner-husband to lead marital life at Dowlaiswaram. But neither the parents of the respondent-wife nor her sisters followed her for Dowlaiswaram as a matter of custom. 4. The petitioner-husband laid foundation in the pleadings for the grounds under Sections 13(1)(1a) and 13(1)(iii) of the Act, pointed out several instances of mental disorder and cruelty and the following are the main instances among them. (a) Since the date of marriage, the respondent-wife used to tell the petitioner-husband that she did not like him and her marriage was performed by force and she liked a personality equal to her third brother-in-law, but she married a short and flabby man (the petitioner-husband) and she developed suspicious mentality. The respondent-wife even forgetting to switch off the gas cylinder, but when the petitioner-husband switched off the gas cylinder, she used to blame him that he likes to kill her by releasing gas. (b) On 23.11.1995, the respondent-wife was taken by her parents to Kakinada in the month of December, 1995, but there was no change in the behaviour of the respondent-wife. On the other hand, in the second week of December, 1995, the petitionerhusband vomited number of times after eating food. On enquiry, she informed that she did not mix anything in the food and asked him to shut his mouth. While so, in the end of December, 1995, the petitioner-husband and respondent-wife went to Hyderabad, as he was appearing for Group-I main examination, he dropped her at her sister’s house at Hyderabad, and after completion of examination, in most casual manner, he asked whether she was feeling bored, then she abruptly replied “shut-up and don’t talk unnecessarily”. Later, the petitioner-husband and respondent-wife returned to Dowlaiswaram. (c) As the respondent-wife became pregnant, she always used to tell that she wanted to get the pregnancy terminated while saying that she should not give birth to a person like the petitioner-husband. (d) During 1996, whenever the petitioner-husband used to sleep during day time after attending night shifts, the respondent-wife used to pull his eyelids and fist on his chest so that she cannot sleep. Therefore, he suffered seriously due to sleeplessness and even when he was seriously ill lying on bed for a day, she did not attend on him. On the other hand, she commented that “You are like he-buffalo (sick) and why should I render service to you. If you died, I will get rid of the worse and that I will get your job and property.” On account of such comments, the petitioner-husband was put to humiliation and suffered mentally. (e) In the month of May, 1996, the respondent-wife went to her parents’ house on her own accord and the petitioner-husband also went to Kakinada and appraised her parents about abnormal behaviour of the respondent-wife. The respondent-wife remained with her parents even after delivery of male child for about five months till April, 1995. (f) In the month of August, 1996, the petitioner-husband got prepared new gold Mangala Sutras (in vernacular) and shown to his mother. Thereupon, the respondent-wife grew wild for such act and immediately responded that she will go to her parents’ house as she does not like to live with him. (g) In the month of April, 1997, again, the respondent-wife joined the petitioner-husband along with the child. When the parents of the petitioner-husband wanted to see the new born child, she declined to allow them to see the child and entered into a room along with the child and bolted from inside while saying that they may practice witchcraft to the boy. Thereafter, the parents of the petitioner-husband felt deeply humiliated. After some time, the newly born son became sick and he was taken to Dr. M.Jagannadham, and the doctor on examination, prescribed some medicines. Then the respondent-wife suspected that the boy was suffering from fever due to witchcraft. (h) On 26.08.1997, Dr. M.Jagannadham personally called the petitioner-husband and apprised him that the respondent-wife is suffering from schizophrenia and gave a letter of recommendation to another doctor. The petitioner-husband also requested the respondent-wife to come to Rajahmundry so as to take advice from Dr. K.Rama Reddy, but she refused saying that she is not suffering from any mental illness, and even on the request of the petitioner-husband, her parents also refused to get her treated with Dr.K.Rama Reddy saying that she is hale and healthy. Immediately, the petitioner-husband requested her parents to take her to Kakinada to get her treated by a doctor at Kakinada. Even for that also, father of respondent-wife refused. (i) In the month of September, 1997, the respondent-wife went to her parents’ house on the eve of Atlataddi (regional festival in Andhra Pradesh) and remained at Kakinada till February, 1999, without getting treatment from any doctor. However, mediators, by name, M.Sathi Raju and M.Veeranna, were sent to the house of the parents of the respondent-wife and mediation was also held, but proved futile. After February, 1999, the respondent-wife executed a letter expressing regrets and the letter was attested by her father and other elders. On third day, without intimating anyone, she left the house of the petitioner-husband along with the child and father of the petitioner-husband and Veeranna searched for her, but she reached her parents’ house and the same was not even intimated to the petitioner-husband. Again mediation took place, but no purpose was served. In the month of August, 1999, the schizophrenic problem of the respondent-wife reached to the peek stage and she caused an injury over the head of her sister. Immediately, she was taken to Dr. Datla Raghava Raju, who in turn, advised father of respondent-wife not to discontinue the treatment at any cost. But the said fact was not disclosed by the parents of the respondent-wife to the petitioner-husband. While so, in the month of December, 1999, the respondent-wife joined the petitioner-husband due to mediation and her conditijon was normal till the end of January, 2000. Again, the schizophrenic problem was aggravated, as she did not take medicines prescribed by the doctors. (j) During January, 2000, the child was suffered from jaundice and was admitted in the hospital. By the time, the boy was discharged and the respondent-wife’s problem was further increased and she did not agree even to undergo treatment and started blaming that the petitioner-husband is responsible for jaundice of his son and that the petitioner-husband administered some medicine which would effect jaundice to the boy. Everyday, when the petitioner-husband attended to duty, the respondent-wife would say that the petitioner-husband was going to have illicit contact with another woman working in the plant and she used to telephone to the plant to confirm the petitioner-husband’s presence there. Some times, she used to bolt the room outside when the petitioner-husband was preparing to go to plant, and, thereby, confining him in the room. (k) The respondent-wife used to sleep in a separate room bolting from inside, expressing apprehension that she will be killed if she remains in the petitioner-husband’s house and suffered insomnia and used to allege that as if the petitioner-husband caused it by administering some witchcraft against her. She was not preparing food on the pretext that servant-maid did not attend on many occasions. (l) On one occasion, the respondent-wife poked her fingers into the eyes of the petitioner-husband when he went to his father-in-law’s house along with the respondent-wife. Father of respondent-wife came with the “Trinorm” and “Oleanz” tablets and informed that the tablets are enough to keep the respondent-wife, normal. Then, the petitioner-husband, his father and respondent-wife’s father requested her for medical check-up, but she refused. Father of respondent-wife left her for Dowlaiswaram directing the petitioner-husband to bear her. (m) In the month of June, 2000, the respondent-wife’s father informed the petitioner-husband that the respondent-wife was being treated by Dr. D.Raghava Raju at Kakinada and that she was suffering from schizophrenia even prior to her marriage and directed to administer “Trinorm” and “Oleanz” tables regularly to her. While undergoing treatment at Kakinada, the petitioner-husband used to visit the house of his in-laws every week to take her to the doctor for treatment. Despite treatment by Dr. Raghava Raju, she was not taking medicines. (n) In the month of October, 2000, the petitioner-husband shifted the respondent-wife to Dowlaiswaram, but she did not take medicine as directed by the doctor and when questioned, she used to threaten the petitioner-husband that she would give false report to the police. Gradually, schizophrenic problem was aggravated and she subjected the petitioner-husband to cruelty in different ways, and one occasion, the respondent-wife threw chilly powder on the face of the petitioner-husband and she used to squeeze his testicles while informing the neighbours that he is sexually week. After birth of the male child, the respondent-wife never allowed the petitioner-husband to have sexual intercourse. (o) In the month of August, 2001, the petitioner-husband again took the respondent-wife to Dr. Datla Raghava Raju at Kakinada and admitted*