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3. According to the respondent, within 15 days of the marriage, the appellant started insisting to live separate and her general behaviour gave rise to a suspicion about her mental health. She was behaving arrogantly and insulting the family members of the respondent and was creating scene. On many occasions, the appellant left the matrimonial home with bag and baggage and at the intervention and insistence of the respondent had returned to the matrimonial home. This conduct of the appellant was brought to the notice of her parents and brother, who although admitted that the appellant suffered from intermittent attacks, attributed the same to "black magic played by her enemies."

4. On 15/2/2002, the appellant picked up quarrel with the respondent on flimsy ground, when he had inquired about her health. She became violent and assaulted the respondent and attempted to leave the matrimonial home in 4 FCA 137 2007 the middle of the night at 2 a.m. along with her clothes and jewelery. She, however, could not go out, as the main gate of the building was locked and hence she returned. Sometime in August 2002, the appellant got another attack and started abusing the respondent and his family members and also physically assaulted him. It was contended that the respondent was unable to control or bear the appellant's violent behaviour. She was also threatening the respondent that she would commit suicide thereby bringing the respondent and his family members in deep trouble. The respondent claimed that the appellant was performing "black magic and always used to read books on the same". She was also accusing the respondent of having extra marital relations. On 9/8/2002 the appellant picked up quarrel with the respondent's mother, packed her belongings and started leaving the house. The respondent intervened and stopped her and called her parents and the entire situation was explained to them. It was contended that the parents of the appellant, as also her brother Sameer, tried to convince the appellant, however, she was in no mood to listen and became aggressive and violent whereupon the brother of the 5 FCA 137 2007 appellant slapped her and she was taken to her matrimonial house. After a week she was brought back to the matrimonial house by her brother with the assurance that she would behave herself and that she was willing to give this in writing. Sometime in the month of August/September 2002, the appellant was got examined by Dr. Manoj Bhatawadekar, a psychiatric and by Ms. Minal Sule, a clinical psychologist, whichig showed the aberration in the personality of the appellant, including distortion and impulsiveness due to disorganization of thought process.

16 FCA 137 2007

18. Even so far as the allegation about the appellant reading some 'tantric books' or books on black magic is concerned, during the course of the evidence on 19/9/2005, the respondent had sought time to produce such books which the appellant used to read. On the next date i.e. 20/1/2005 the respondent did produce two books on black magic (Exh.

48). However, in the second breathe, the respondent admitted that these books do not belong to the appellant, but she used to read "similar books which are now in her custody". The respondent claims that he got the books (Exh.48) from somebody else. It can thus be seen that no reliance whatsoever can be placed on the evidence of the respondent in this regard that the appellant used to read some books on black magic. On the contrary, it would appear that the respondent had gone to the extent of producing some books from a third person, claiming that similar books were read by the appellant, which cannot be accepted.