The Patna High Court has upheld the decision of the Family Court, Nawada, rejecting a husband’s petition seeking divorce on the grounds of cruelty, desertion, and mental disorder of his wife. The Division Bench comprising Justice P. B. Bajanthri and Justice Sunil Dutta Mishra delivered the judgment in Miscellaneous Appeal No. 1152 of 2018, filed under Section 19 of the Family Courts Act, 1984.
Background
The appellant-husband had filed a matrimonial case under Section 13(1)(ia) and (ib) of the Hindu Marriage Act, 1955, seeking annulment of his marriage, solemnized on 21.05.2005. Initially filed before the District and Sessions Judge, Alipore (West Bengal), the case was transferred to the Family Court, Nawada by the Hon’ble Supreme Court on 02.10.2012.
The appellant alleged that shortly after marriage, the respondent-wife exhibited abnormal behavior and was later diagnosed with schizophrenia and a leg disability. He further claimed she physically attacked him without reason and left the matrimonial home voluntarily in 2006, executing documents agreeing to dissolve the marriage.
Respondent’s Stand
The respondent-wife denied all allegations. In her written statement, she asserted that she was healthy at the time of marriage and had been inspected by the appellant’s family prior to the wedding. She categorically refuted the claims of mental illness, schizophrenia, or any leg disability, and alleged that the documents cited by the appellant were fabricated. She also expressed willingness to resume cohabitation.
Proceedings and Evidence
The Family Court framed five issues concerning the maintainability of the case, cause of action, cruelty, desertion, and entitlement to relief. The appellant examined two witnesses, including himself and a relative. The respondent examined three witnesses, including herself and two family members.
The Family Court found that the appellant failed to substantiate his claims with documentary or medical evidence. The respondent’s free movement before the court contradicted the claim of leg disability. Moreover, the appellant did not examine any doctors nor submit medical records proving schizophrenia.
The Family Court held that the appellant had, in fact, abandoned his wife and failed to prove cruelty or desertion on her part. The divorce petition was dismissed by judgment dated 22.11.2018 and decree dated 04.12.2018.
High Court Analysis
On appeal, the High Court concurred with the findings of the Family Court. The Court noted that under Section 13(1)(iii) of the Hindu Marriage Act, mere existence of a mental disorder is not sufficient for divorce. Relying on Supreme Court precedents including Ram Narain Gupta v. Smt. Rameshwari Gupta [(1988) 4 SCC 247] and Kollam Chandra Sekhar v. Kollam Padma Latha [(2014) 1 SCC 225], the Court emphasized the requirement for medical evidence to prove that the mental disorder is of such a degree that cohabitation is unreasonable.
The Court observed:
“All mental abnormalities are not recognized as grounds for grant of decree. The burden of proof of existence of requisite degree of mental disorder is on the spouse who bases his or her claim on such a medical condition.”
It further remarked that vague allegations or self-serving claims, unsupported by medical testimony or documents, are insufficient. The appellant had failed to produce any reliable proof regarding mental illness or cruelty. The Court also highlighted that the appellant could not seek relief when he himself had deserted the respondent-wife.
Decision
Dismissing the appeal, the High Court stated:
“No sufficient material was brought on record by the husband to prove that respondent-wife is suffering from schizophrenia of such a kind and degree, which may be accepted for dissolution of marriage… The findings of the Family Court do not suffer any perversity and do not call for interference by this Court in this appeal.”
The miscellaneous appeal was accordingly dismissed, affirming the Family Court’s judgment.
