“When there is irretrievable breakdown of marriage divorce can be granted,” says the High Court
Raipur: Chhattisgarh High Court has held that unnatural behavior of wife, disclosed by husband and validated by the doctor as paranoid schizophrenia, can be a ground of divorce.
Disposing off a petition filed by the wife of Jagdish, the bench of Justice Goutam Bhaduri said in his order that “when there is an irretrievable breakdown of marriage divorce can be granted”.
She had moved the High Court challenging the order passed by Additional District Judge Durg, in which a verdict for divorce was passed on an application filed by her husband Jagdish.
The high court, in its order, mentioned that the petition for divorce by Jagdish stated that after marriage he came along with the wife and stayed for 10 days at Bhilai. For 10 days wife did not use to sleep inside the room and used to murmur alone. It is further stated that she used to sit in the garage and at times used to go out of the house.
After 10 days, when Jagdish along with his wife went to her maternal home Vishakhapatnam she used to quarrel with her mother and having asked nothing was disclosed to him. Husband further stated that whatever people used to come to their house their relatives she used to suspect them, the order said.
Jagdish stated that once she went to the police station and complained about the assault on which counseling was done. During counseling Dr. Shail Verma examined her and after examination, she was diagnosed with paranoid schizophrenia and thereafter she was taken to the doctors. During such treatment, it revealed that she had old mental ailment the treatment of complete cure was not possible.
Besides the order stated that according to wife, she was subjected to torture by the family members of the husband; therefore, her mother had taken her back to her maternal home.
Citing Supreme Court decisions, the High Court in its order has held that the facts showed that there is no question of the reunion here and husband and wife had been living separately, therefore marriage had been wrecked beyond the hope of salvage.
“The marriage which is dead for all purposes cannot be revived by the court’s verdict if the parties are not willing. It is a mental factor. Consequently, the decree of divorce has to follow”, the order stated.
The order said that this court is not inclined to interfere in the decree of divorce which is been passed by the court below as no apparent illegality or perversity is pointed out. Records would show that no permanent alimony to the wife has been granted by the court while passing the decree of divorce.
During the argument, the document has been produced to show that at present husband who is employed with the Bhilai Steel Plant is getting a gross salary of Rs.64,322/-. Therefore, to allow survival of wife and to avail the medical facilities, the court granted an amount of Rs.15000/- per month to the wife as permanent alimony which would be deducted from the salary of the husband. At the time of retirement since as stated no pensionary benefit are allowed to husband a consolidated amount of 30% of the amount payable to the husband shall be deducted and would be payable to the wife for her survival in future, the order said.