Mamta Negi vs Yogendra Singh Negi

Alok Singh, J

Present appeal is filed by wife appellant challenging the judgment and order dated 18.02.2012 passed by Principal Judge, Family Court, Dehradun whereby the Principal Judge, Family Court was pleased to pass decree for dissolution of marriage.

Case of the husband is that marriage was solemnized between the parties on 14.04.2000. Out of the wedlock, no child was born. Appellant wife is mentally sick. She is suffering from generalized epilepsy. The disease is incurable. On the third day of their marriage, appellant wife fell unconscious. Respondent husband informed this to the parents of appellant wife. Thereafter, appellant wife remained well for 8-10 days. In 2006, respondent went on deputation to National Security Guard, Gurgaon, where he took her wife with him. There also her sickness was not improved. Due to her mental disease, the couple could not consummate their marital life. After some time, appellant wife left the matrimonial home and never came back.

On the basis of mental disorder of appellant wife, he sought divorce.

Respondent husband in order to prove his case, has got himself examined as Witness No. 1, his father Murti Singh Negi Witness No. 2, his mother Kaushalya Devi Witness 3, independent witness Balvasati Witness 4 and Ballabh Prasad Witness 5 and also submitted documentary evidence.

Per contra, case of the appellant wife is that she is not suffering from any mental disorder. It is a false allegation. They consummated their martial life. In 2006, she was five month pregnant but her pregnancy was aborted, as she fell on earth. Respondent and their family members were demanding dowry. They were demanding a maruti car or rupees two lakh. Her father in law Sri Murti Singh Negi was very cruel. Respondent husband left her to her parental home and never came back to take her. Appellant wife did not produce any documentary evidence or witness in her favour. She even did not get herself examined. She simply denied the allegations made in the suit.

Mr. J.P. Joshi, learned Sr. Advocate assisted by Mr. Sushil Vashisht, Advocate for the appellant placing reliance on the judgment of Hon'ble Supreme Court in the case of Kollam Chandra Sekhar Vs. Kollam Padma Latha reported in 2013 AIR SCW 5559, has submitted that if mental illness is proved, even then family court was not justified in granting the divorce. Relevant extract of the judgment passed by Hon'ble Supreme Court in Kollam Chandra Sekhar (supra) reads as under:

"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."

All the witnesses produced by respondent husband supported his case. Respondent husband stated that appellant - wife was not able to do her day to day work. He has to maintain her; she urinated and excreted in the dress. Appellant wife had not disclosed about her illness prior to marriage. Respondent husband has also enclosed the prescriptions of doctors to whom appellant wife was got examined. In order to support his case, he has produced the certificate of Dr. Shailendra Saxena, Dr. B.M. Soni for mental illness of appellant wife. He has also stated that he got her medically examined by Dr. K.S. Negi, Dr. P.K. Gupta and Dr. R.K. Gupta but he could not produce the prescriptions.

Independent witness Balvasati stated on oath that Mr. Murti Singh Negi or his family members never made any demand of dowry. After marriage, heath of appellant wife was not good. Most of the time, appellant wife did not feel well. She was suffering from fits. She used to throw house hold utensils. So many times, she witnessed the fits of appellant wife. She stated that one day, appellant wife fell unconscious in the bathroom, thereafter, she was taken out by breaking the door. She further stated that one day appellant wife was boiling the milk on gas stove, she fell unconscious and gas stove remained open to burn. She saw that parents of respondent husband requested the appellant wife not to make threat and to change her behaviour. Witness Ballabh Prasad also narrated both the incidents of bathroom and kitchen in his statement.

Appellant wife only denied the allegations of mental illness but she had not produced any evidence. Since there no rebuttal with proof on the part of appellant wife, we have no option except to accept the version of respondent husband that appellant wife is mentally sick and she was unable to manage her matrimonial life. Appellant wife had neither produced any witness nor got herself examined as a witness.

In our opinion, case of Kollam Chandra Sekhar (supra) is not applicable in the present case. In the case of Kollam Chandra Sekhar, both husband and wife were doctors. Husband sought divorce on the ground of incurable unsound mind. Wife was suffering from schizophrenia, however, her medical report showed that wife was not showing any symptom of psychotic illness and responded well to the treatment. Respondent wife was MBBS and she had also completed Post Graduate Diploma in Medicine and was working as Government Medical Officer. In such circumstances, Hon'ble Supreme Court denied to grant the divorce and granted decree of restitution of conjugal rights. But in the present case, respondent husband produced documentary evidence for mental illness of appellant wife, which were not controverted by the appellant wife. She even neither produced any witness nor got herself examined.

In view of the above discussion, we do not find any merit in the appeal. Consequently, appeal fails and is hereby dismissed.