Punjab-Haryana High Court
Baldev Raj vs Bimla on 21 July, 1997
Equivalent citations: II(1998)DMC389
Author: M.L. Singhal
Bench: M.L. Singhal
JUDGMENT M.L. Singhal, J.
1. This appeal is directed against the judgment dated 30.3.1987 rendered in F.A.O. No. 108-M of 1986 filed by respondent Smt. Bimla against the judgment and decree passed by the Additional District Judge, Amritsar for dissolution of the marriage at the instance of the appellant.
2. Briefly stated the facts of the case are that the appellant was married to the respondenton 16/17.6.1979 at Jandiala Guru. After about four years of marriage the appellant sought the dissolution of marriage by filing a petition under Section 13 of the Hindu Marriage Act, 1955 (hereinafter referred to as 'the Act') on the ground that the respondent was of incurably unsound mind. The appellant also alleged that the respondent had been suffering intermittently from mental disorder of such a kind and magnitude that he could not reasonably be expected to live with her. He further alleged that the wife had denied him conjugal society and she used to huri bricks and other items on which she could lay hands. The appellant also alleged that the respondent had been treated in the Mental Hospital at Amritsar and by other psychiatrists before the marriage. He got the wife admitted as an indoor patient in mental hospital at Amritsar, where she was given electric shocks but without any tangible result. She continued to be aggressive, violent and unpredictable and beyond control and reasoning.
3. On being noticed the respondent denied the allegation that she was of unsound mind or that she had been suffering intermittently from mental disorder of such a kind and magnitude that the petitioner could not reasonably be expected to live with her. All other allegations were denied by the respondent. She also made the counter allegation that failure of her parents to meet with the demands of the husband was the cause for filing of the divorce petition. She also alleged that the petitioner used to harass and torture her.
4. The Additional District Judge, Amritsar framed the following issues:
(1) Whether the respondent had been suffering from such unsoundness of mind that it cannot be reasonably expected that the petitioner should live with her ?
OPP (2) Whether the petition has been brought after unnecessary delay ?
OPR (3) Relief.
5. Vide his judgment dated 5.4.1986 the. learned Additional District Judge, Amritsar decreed the petition and dissolved the marriage by recording a finding that the respondent was suffering intermittently from mental disorder consisting of mental retardation and schizophrenia with paranoid ideas of such a kind and magnitude that the husband could not reasonably be expected to live with the respondent.
6. The appeal filed by the respondent has been accepted by the learned Single Judge.
7. We have heard Mr. Mittal and have gone through the record of the case and are of the opinion that the judgment of the learned Single Judge does not suffer from any error of law warranting interference by the Appeal Bench.
8. Baldev Raj petitioner (PW 8) stated that he was married to Bimla on 17.6.1979. She was suffering from fits of insanity in the very first week of her marriage. She began tearing off her clothes and would strike with anything that she was able to lay her hands on. This ailment was incurable. She was not able to lead a married life. She would fight with him. He got her treated from Dr. Swaran Singh of his village but to no effect. His brother took her to Mental Hospital, Amritsar on 3.9.1979. He continued visiting there for about 15 days, but she could not be cured. She was got admitted as an indoor patient in Mental Hospital, Amritsar. She remained there as an indoor patient for about 15 days. She was given electric shocks. She was diagnosed as a case of schizophrenia. He had been going to the hospital during her stay as an indoor patient. She got lucid intervals for 2-3 days from mental disorder. On 5.10.1981herparentstookher to their house. After 5.10.1981, her father had been taking her to the hospital.
9. His (Baldev Raj's) brother Om Parkash PW 6 stated that his brother Baldev Raj was married to Bimla on 16.6.1979. She was found mentally deranged. They learnt about her being mentally deranged within a week of their marriage. She would continue laughing without any cause. She would continue weeping without any cause. She would continue tearing off her clothes. He got her treated from Dr. Swaran Singh of village Thathian. He gave some medicine but to no effect. Then he took her to the Mental Hospital, Amritsar. He took her to the Mental Hospital 3-4 times. She was given electric shocks. Sometime, there was slight improvement in her mental ailment. She would suffer fits of insanity. On 15.10.1979, she was got admitted as indoor patient in Mental Hospital, Amritsar. She remained there as an indoor patient for about 10 days. She was not cured completely. He had gone to her parents' house several times but she was not found completely cured to her mental derangement. Dr. Swaran Singh was not produced by Baldev Raj petitioner. No prescription allegedly given by Dr. Swaran Singh was produced. No notice was served to the respondent's father or brother about the respondent being mentally deranged. No application was made by the petitioner to the Gram Panchayat of village Thathian about the mental derangement of his wife. No daily report was lodged with the police about the wife being mentally deranged and behaving \ abnormally, tearing off her clothes and striking with anything that she was able to lay her hands on. On the backside of the house of Baldev Raj is the haveli of Darshan Singh. On the oppbsite side is house of Santokh Singh. They too did not lodge any daily diary report with the police.
10. In his cross-examination, Baldev Raj petitioner (PW 8) stated that on 3.9.1979, his brother Om Parkash got his wife admitted to the Mental Hospital, Amritsar as an indoor patient. His brother Om Parkash gave her history at the time of her admission in the Hospital. On 3.9.1979, he did not accompany her to the hospital. On 4.9.1979, he visited the hospital. He did not purchase any medicine for her treatment. His brother had been purchasing medicines for her. He used to tear off those bills after purchasing medicines. He had thus, not spoken at all about the alleged treatment of his wife in the Mental Hospital between 15.10.1980 and 27.10.1980.
11. Dr. Ravinder Mohan Sharma, Medical Officer, Mental Hospital, Amritsar PW2statedthatonl0.10.1979Smt.Bimlaw/oBaldevRajwasbroughtbyherfather Lal Chand in Mental Hospital, Amritsar. She was admitted as an indoor patient. Lal Chand signed the out-patient ticket in Urdu. He examined the patient in the light of the case history. Once again, on 15.10.1980, he exmined the patient. He was of the opinion that for determining Intelligence Quotient of the patient investigation was necessary. Patient remained in the family care room from 15.10.1980 to 27.10.1980. During this period of stay of the patient, she was given 6 electric shocks. In the beginning, he was of the opinion that the patent was suffering from depression with border line meral retardation. She was discharged on27.10.1980 with the diagnosis of mental retardation with schizophrenia. This diagnosis was recorded in the hand of Dr. Romesh Grower who was posted at Mental Hospital, Amritsar. The entire case history was recorded in his hand on pages 1, 2 of mark A. This portion is exhibited as (Ex. A1). Endorsement Ex.A2 is in the hand and signatures of Dr. Ramesh Grover. Entry Exhibit A3 dated 7.10.1981 is in the hand of Doctor Gurnam Singh who was another Doctor posted at Mental Hospital, Amritsar. There more electric shocks were given to her as per entry Exhibit A3. On 7.10.1981, Dr. Gurnam Singh recommended her admission to the Hospital vide Endst. No. Ex. A3/1. He further stated that the patient was discharged under his endst. Ex. A4. Patient was again advised and was given electric shocks on 18/20.8.1982 as per entry Ex. A5 which is in the hand of Doctor Ramesh Grover. The history sheet recorded in Mark B was recorded by Dr. Ramesh Grover which is Exhibit A6.,In cross-examination, Dr. Ravinder Mohan Sharma PW 2 stated that as per entry in the case history recorded by him, the precipitating factor for the ailment was "marriage". Possibility of such a disease resulting on account of taunts and pressures regarding inadequate dowry immediately after marriage cannot be ruled out. As per entry in the record, the presence of the husband of the patient was not noted at any stage. In cases of this type, the patient gets cured initially and remains nearly normal for certain periods, say for 5 years or so. There are, however, chances of recurrence of this ailment and further treatment has to be given. After fresh treatment, the patient gets cured for some period, but this period may be lesser as compared to the previous one, and such symptom-free periods may continue to be shortened. When the patient was first brought to the Mental Hospital, she was maintaining personal hygiene.
12. On the first admission of Bimla to the Mental Hospital, Amritsar on 10.10.1979, neither husband Baldev Raj nor his brother Om Parkash figures. History of the patient was allegedly given by her father Lal Chand and duration of illness is mentioned as 3 months. Marriage took place on 16/17.6.1979. In the history of the patient allegedly given by her father on 10.10.1979, she was stated to be short tempered and retarded, not doing any embroidery and sewing, etc. In the column past illness mentioned was nil. Her talk was spontaneous, relevant and coherent.
13. Doctor Ramesh Grover, Medical Officer, Mental Hospital, Amritsar PW 3 stated that Bimla Devi was registered as out-door patient vide Registration No. 55190OMH dated 10.10.1979, was admitted on 15.10.1980 and remained in the Mental Hospital as indoor patient till 27.10.1980. He gave treatment to the patient. He recorded history of the patient Exhibit A6 which is in his hand. It was signed by him. He noted the diagnosis as mental retardation with schizophrenia. She was administered electric shocks on 5 occasions under his supervision. At the time of reporting in the Hospital, the patient was not in position top manage herself. At the time of discharge on 27.10.1980, she was able to manage herself. All doctors who attended the patient gave the same diagnosis and also treatment on its basis. Doctor Gurnam Singh Medical Officer, Mental Hospital, Amritsar PW 4 stated that he treated the patient on 7.10.1981 and his writing appears at Exhibit A3. This patient had already been diagnosed by Dr. Ramesh Grover as a case of mental retardation and schizophrenia. He agreed with this diagnosis. All this time, the patient was admitted to the Hospital in OPD room. As per the case history, the patient was admitted on 15.10.1980. She was discharged on 27.10.1980. She was gain admitted on 7.10.1981 and discharged on 9.10.1981 by Dr. Ravinder Mohan.
14. Om Parkash PW 6 stated that he took Bimla to Mental Hospital, Amritsar 3-4 times and she was given electric shocks and he got her admitted on 15.10.1979. Strange enough, he does not figure on the Out Patient Ticket Mark A on the patient's case history (Bed Head Ticket) Mark 'B' on 15.10.1980. There is no evidence that she was taken to the Mental Hospital on 3.9.1979 by Om Parkash, though Baldev Raj PW 8 stated that his brother took her to the Mental Hospital and continued visiting her for 12 days. On cover page mark 'A' the registration date is 10.10.1979. It is mentioned that she was brought by Lal Chand and signatures were obtained on this page and his description is given as father. The first page shows that the informant was the father and the duration of illness was three months. This history sheet does not bear any date, although signature of the person who noted down the history sheet are there in the end of the history sheet and the prescription. This is allowed by the heading informant brother Baldev Raj dated 15.10.1980. After the details noted at the instance of Baldev Raj, it is written admitted to FCU (Family Care Unit) and signature of the doctor bears 15.10.1980. On the next page is written 'BCT and below that is the following chart signed by the doctor.
15.10.1980 + + 17.10.1980 + + 20.10.1980 + + 22.10.1980 + + 24.10.1980 + + 27.10.1980 + + Against the aforesaid chart is written P.T. discharged, that is patient discharged and the signatures of the doctor are dated 17.10.1980. On the page immediately after the conclusion of the history sheet and before the information given by Baldev Raj on 15.10.1980, the only matter noted by the doctor is as follows-
"tab. amlyn-25 mg 1/2- /1/2-l."
There is no mention that she was given any electric shocks prior to 15.10.1980. Chart from 15.10.1980 to 27.10.1980 disclosed that electric shocks were given during this period. According to Om Parkash electric shocks were given 3-4 times before she was admitted in the hospital and the date of admission is given as 15.10.1980. Learned Single Judge correctly concluded that a new cover page was replaced with wrong date of admission mentioned thereon as 10.10.1979 was placed on the record. Learned Single Judge correctly noted that the other forgery which appears to have been got made in this replaced cover page was about the name of informant Lal Chand and his signatures thereon. Neither in the petition nor in the statement of the husband or his brother it was ever the case that Lal Chand, father of the wife, had taken her to the Mental Hospital, Amritsar for the first time. Lal Chand denied his signatures on the cover page and no expert was produced to have his specimen signatures comprared with these signatures. Learned Single Judge concluded that cover page on file mark 'A' was got forged by the husband to create evidence to show that soon after marriage, she was found as of abnormal behaviour and was got treated in the Mental Hospital, Amritsar in September/October; 1979. Whereas the fact is concocted for the first time in October, 1980 for proving the ground for divorce. Learned Single Judge drew these inference from the evidence of the Doctors who appeared as PW 2, PW 3 and PW 4. Doctor Ravinder Mohan Sharma PW 2 stated in examination-in-chief that he examined the patient on 10.10.1979 for the first time. She had been brought by her father who gave the history of the ailment. He examined the patient in the light of the case history. He examined the patient once again on 15.10.1980. He admitted the patient for investigation for determining her Intelligence Quotient in the family care room where she remained admitted from 15.10.1980 to 27.10.1980. According to him, she was given5 electric shocks during her stay in the hospital. She was suffering from depression with border line mental retardation. She was discharged with diagnosis of mental retardation schizophrenia. Dr. Ramesh Grover PW 3 on the basis of the Mark 'A' stated that she was registered as out-door patient on 10.10.1979 and was admitted on 15.10.1980 and remained in Mental Hospital till 27.10.1980. According to the history sheet which is in the hand of Doctor, she was not treated before 15.10.1980. In cross-examination, this Doctor admitted that at the time of discharge on 27.10.1980 she was able to manage herself after treatment and he is not aware about the condition of the patient after 27.10.1980. Doctor Gurnam Singh PW 4 stated that he had treated the patient on 7.10.1981 as per writing A-3 which is in his hand. She had been diagnosed as a case of mental retardation and schizophrenia as recorded by Dr. Ramesh Grover and he agreed with that diagnosis. Dr. Ravinder Mohan Sharma, thus stated that the patient came for treatment for the first time on 15.10.1980. He had wrongly mentioned as 1979 on the basis of cover page of file Mark 'A'. Husband and his brother stated that she had been taken to the Mental Hospital, Amritsar in September, October, 1979 with the intention that the Court may holds that she was suffering from mental disorder which was noticed within a week of marriage.
15. Smt. Bimla (RW 4) stated that she was married to the petitioner on 3rd March, about 6 1/4 years ago to Baldev Raj. His step-mother complained that dowry brought was inadequate. She ought to have brought T. V. A sum of Rs. 18,000/- was also demanded in dowry. She had been beating her. She was not suffering from any disease prior to marriage. She never refused access to her by her husband. She never struck anydoby with brick-bats. She never tore off her clothes. She never laughed without any reason nor proclaimed that she possessed any divine power. She never raised shrieks. She became mentally upset by the tension created because of demand of dowry and beating. She was brought by her father-in-law, her husband's elder brother, mother-in-law to Amritsar. But they took her to Mental Hospital. She was admitted there. She remained admitted there for about 10 days. No electric shocks were given to her nor any medicine was administered to her. No doctor talked to her and on her examined they remarked that she was under strain and she was otherwise all right. On return from hospital she was given beating by her mother-in-law and was turned out of the matrimonial home. Panchayat was then convened at her instance for her rehabilitation in the matrimonial home. Her husband refused to take her to the matrimonial home saying that she was a lunatic. She was thrown out of the matrimonial home after 2 1/4 years of her marriage as she had not been able to satisfy their greed for dowry. In October, 1980 when she was taken to the hospital by her husband's brother, the duration of illness as given by him was three months. This means that the husband's case that they noticed that she was a mental case within a week of marriage, is false. Husband's brother gave to the doctor the following symptoms :
Sleep Poor Appetite Poor sits alone gets irritated when asked to work. Works at her own will, at times she laughs, sometimes she weeps-wandering tendency and goes to relatives home and says that my husband in not good. Hallucinations of visual type and dreadful dreams.
16. On the basis of the aforesaid history sheet given by patient's brother-irt-law, doctor noted on 15.10.1980 as follows:
"Patient is well-dressed, well-behaved co-operative-attention can be aroused and sustained-talking relevant and coherent-reasoning-fair, judgment-fair, orientation to the time, place and person-adequate, lacks insight, paranoid ideas, dreadful dreams, psychomotor retardation.
In the family history, it is noted that uncle is suffering from mental trouble. There is no evidence that the uncle was suffering from any mental trouble. Some tablets were prescribed on 15.10.1980 and electric shocks were given. On 16.10.1980, the report is feeling well, sleeps well, appetite well. On 17.11.1980, the report is the "patient improved". On 19.10.1980, it is written the patient is still showing odd behaviour. On 20.10.1980 it is written no relief. On 21.10.1980, it is written patient became violent and she started striking the lock on the hand of her mother-treatment changed and after 21.10.1980 are the signatures of the doctor on dated 27.10.1980 under the note 'patient discharged' after prescribing two types of tablets. There are no details of the behaviour of the patient in File Mark A condition of the patient from day to day is not shown except what is described and at page 4 under head 'ECT' which shows that the electric shocks were given.
17. Wife stayed with the husband till 5.10.1981 as per husband's case. There is nothing on record to show as to what was her condition from 27.10.1980 to 5.10.1981 except in file Mark 'A', there is nothing from 7.10.1981 to 12.10.1981. The history given on 7.10.1981 is as follows :-
"2 months excessive and irrelevant talking wanders about, sleeps poorly, abusive and assaultive quarrelsome suspects that someone has given her mystri (sic)."
Wife has stated that she was turned out of the matrimonial home on 27.10.1981. It is not shown took her to the Mental Hospital on 7.10.1981. It was not suggested to her father Lal Chand that he had taken her to the Mental Hospital. None of these Doctors has stated that they recognised the wife as the person who was brought to them on 7.10.1981 and she remained admitted and was discharged on 9.10.1981. Details in the history sheet in file Mark 'A' the dates given are as follows :-
7.10.1981 9.10.1981 12.10.1981 It is contended the electric shocks were given. When it is difficult to say who took the wife to the hospital on 7.10.1981, we are not satisfied about the genuineness of the entries made on 7/9/12.10.1981.
18. Husband was anxious to get rid of the wife. Addl. District Judge allowed divorce to him on5.4.1986. Wife filed the appeal on 24.4.1986. Appeal was admitted on 18.6.1986. Husband re-married on 21.7.1986. In this case, husband did not wait even for 30 days after the grant of divorce to him. Section 15 of the Hindu Marriage Act, 1955 disentitles the husband from remarrying till the time for filing the appeal has expired and no appeal is filed and if the appeal is filed till the same is dismissed. Wife filed the appeal on 24.4.1986.
19. Learned Single Judge rightly concluded that the wife was not suffering from any mental ailment and the temporary disturbance in October, 1980 seems to have been due to maltreatment meted out to her and this mental disturbance continued to decline as is dear from the notings on File Mark 'B'. On 16.10.1980 doctor noted as follows-
"Feeling well Sleeps well Appetite well and there was improvement note on 17th and 18th October, 1980. The patient should have been discharged by 18th October, 1980. It seems that she was being forced to stay in the hospital and wrong reports were manipulated. After 21.10.1980 to 27.10.1980, the condition of the patient was not mentioned in the history sheet. About the time of discharge in File Mark 'A' nothing is mentioned. On the cover page of File Mark 'B' final diagnosis at the time of discharge is mental retardation, schizophrenia along paranoid ideas" basis for forming this opinion is neither mentioned in any of two files nor in the statement of the doctor. On 27.10.1980, wife was taken to the matrimonial home. She was kept by the husband till 4.10.1981. There is no evidence that during this period, wife behaved abnormally. There is evidence that from 27.10.1980 till 5.10.1981, the mental condition of the wife was such that the husband could not reasonably be expected to live with her.
20. From the evidence on record, it emerges that the learned Single Judge correctly found that there is no reliable evidence to show that the wife was incurably of unsound mind at the date of marriage. Learned Single Judge reached this conclusion on appreciation of evidence. Appreciation of evidence made by the learned Single Judge cannot be said to be perverse or unreasonable. View taken by the learned Single Judge could reasonably be taken on the appreciation of evidence on the record.
21. We do not feel that the institution of this petition for divorce was belated or that the husband should be disentitled to the relief claimed by him on this score. Wife stayed in the matrimonial home till 4.10.1981 according to the husband. According to the wife, she was thrown out of the matrimonial home on or about 27.10.1981. Husband knocked the door of the Court on 11.1.1983 that is after about 1 1/4 years of rupture in the relations of the two. According to the wife, during this period there had been efforts at her rehabitation into the matrimonial home.
22. According to Baldev Raj, though doctors had told him that his wife's disease was incurable, he wanted to keep his wife with him and so cherished the hope that she would be cured. People make every possible effort to save marriage. If marriage ends in divorce, it brings ignominy to both the families.
23. Viewing the matter in this light, we do not think, filing of the petition for divorce after 1 1/4 years of rupture in the matrimonial relations of the two, can be said to be belated, disentitling the party aggrieved from claiming matrimonial relief.
24. For the aforesaid reasons, we find no force in this appeal. We accordingly dismiss this appeal and impose Rs. 10,000/- as costs on the husband payable to the wife.