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15. After dismissal of the suit, during the pendency of this appeal, by an order dated 11.11.2005 this Court had directed that since the suit was based on the ground of mental disorder i.e. Schizophrenia, as such, taking into consideration all the facts and material present on record, an enquiry was directed by Court so as to know whether the respondent is capable to protect her interest despite mental infirmity alleged by the appellant. Therefore, the First Additional District Judge, Mahasamund, was directed to make an enquiry as to whether the respondent is capable to protect her interest, or not ? Persuant thereto an M.J.C. No.5/2006 was registered by the First Additional District Judge, Mahasamund, wherein the Doctor Prakash Narayan Shukla PW-3 was again examined. First the Doctor was examined on 18.01.2003 in divorce case and in M.J.C. he was again examined on 15.02.2006. The Doctor in his statement has averred that he has treated Deepanjali from 28.02.1997 and according to the Register at Registration No.863 name of Deepanjali Barik, wife of Jayant Kumar was shown and the copy of such Register was also placed. He further stated that from 27.06.1997 to 19.09.2000, the certificate shows that the respondent wife was suffering from Anxiety Neurosis, thereafter, the certificate of 19.01.2002, which is marked as Ex.A-3 wherein it was stated that the respondent was suffering from Paranoid Schizophrenia. Meaning thereby in the year 2002, the respondent was a patient of Paranoid Schizophrenia. It is further stated Page 10 that even after the treatment of initial ailment, further it aggravated which turned into Paranoid Schizophrenia, therefore a certificate was given. He further stated that the said ailment is incurable. Narrating the nature of the patient, he stated that such type of patient speaks irrelevant facts and get aggravated and used to break up things and always remains in hallucination thinking that the out side people are against him, they hear so many voice in ear which are all imaginary.

16. In the cross examination the Doctor has not diluted any symptoms of ailment instead on a suggestion given, he further affirms that this type of patient is not able to take care of himself/herself and he further affirmed the fact that after such last certificate i.e. of 2002, he is not able to say that whether the patient is still being treated by him nor not ? The Doctor was confronted with Ex. D-1 where it he was admitted the same, which shows the patient has recovered. So reading the documents placed along with the statement of Doctor, the evidence has come on record to suggest that respondent wife was suffering from mental disorder. Thereby the averments of wife that she was not a mental patient at any point of time is negated. The Doctor has proved the fact that despite treatment of mental disorder, it did not cure and periodically the nature of ailment aggravated which continued whereby lastly in the year 2002 the ailment certificate of "Paranoid Schizophrenia" was affirmed by Ex.A-3. The trial Court by it's order dated 15.02.2006 passed an order in M.J.C. No.5/2006 sent back the enquiry ordered with a finding that respondent is suffering from incurable mental disorder of "Paranoid Schizophrenia".

* "Flat affect" (a person's face does not move or he or she talks in a dull or monotonous voice).
* Lack of pleasure in everyday life.
* Lack of ability to begin and sustain planned activities. * Speaking little, even when forced to interact.

20. In Modi's Medical Jurisprudence and Toxicology (24 th Edn. 2011) the following varieties of Schizophrenia have been noticed :

Simple Schizophrenia the illness begins in early adolescence. There is a gradual loss of interest in the outside world, from which the person withdraws. There is an all round impairment of mental faculties and he emotionally becomes flat and apathetic. He loses interest in his best friends who are few in Page 14 number and gives up his hobbies. He has conflicts about sex, particularly masturbation. He loses all ambition and drifts along in life, swelling the rank of chronically unemployed. Complete disintegration of personality does not occur, but when it does, it occurs after a number of years. Paranoid Schizophrenia, Paranoia and Paraphrenia - Paranoia is now regarded as a mild form of paranoid schizophrenia. The main characteristic of this illness is a well elaborated delusional system in a personality that is otherwise well preserved. The delusions are of a persecutory type. The true nature of the illness may go unrecognized for a long time because the personality is well preserved, and some of these paranoiacs may pass off as social reformers or founders of queer pseudoreligious sects. The classical picture is rare and generally takes a chronic course. Paranoid schizophrenia, in the vast majority of cases, starts in the fourth decade and develops insidiously. Suspiciousness is the characteristic symptom of the early stage. Ideas of reference occur, which gradually develop into delusions of persecution. Auditory hallucinations follow which in the beginning, start as sounds or noises in the ears, but become fixed and definite, to lead the patient to believe that he is persecuted by some unknown person or some superhuman agency. He believes that his food is being poisoned, some noxious gases are blown into his room and people are plotting against him to ruin him. Disturbances of general sensation give rise to hallucinations, which are attributed to the effects of hypnotism, electricity, wireless Page 15 telegraphy or atomic agencies. The patient gets very irritated and excited owing to these painful and disagreeable hallucinations and delusions.

21. It would be pertinent to observe that except a bald statement by the respondent that she was not a patient of mental disorder, it has been negated by the documentary evidence which is proved by the Doctor. Neither the uncle of the respondent nor father was examined to establish that at any point of time she was not subjected to mental treatment. Only the respondent had examined herself before the Court and none other. Therefore, in the opinion of this Court, the trial Court has failed to appreciate the uncontroverted evidence of the appellant who had proved the case by examination of the Doctor as also himself wherein both the statement corroborated each other with respect to the mental disorder. It has been established beyond the doubt by the Doctor who has deposed as a witness and brought the record of the treatment that the respondent is suffering from Paranoid Schizophrenia. The ground for grant of divorce on the plea of mental insanity or mental disorder is different than cruelty. Therefore, apart from the other facts, in my opinion, the appellant was able to prove the fact that the respondent was suffering from Paranoid Schizophrenia as a mental disorder which entitles him to get a decree of divorce.