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12. It would be pertinent to mention, that Radhika Gupta chose not to examine herself as a witness, in either of the two cases before the Family Court. She only examined Dr. C.R. Mukundan-RW1, in her defence. During the course of his deposition, Dr. C.R. Mukundan-RW1 had produced three documents Exhibits R1 to R3. As per his deposition, when he had examined Radhika Gupta, he was working as Professor of clinical psychiatry in the neuro-psychology unit, at NIMHANS, in Bangalore. Consequent upon the respondent-wife’s evaluation by him, he had issued reports Exhibits R1 and R2. As per the said reports, Radhika Gupta had undergone intensive cognitive re-training using brain function therapy, and that, she was provided with graded re-training in alphabet and number recognition and delayed recall, recognition and recall of words and figures, different levels of working memory, etc. It was duly noted in Exhibit R2, that at the first neuro-psychological assessment of Radhika Gupta at NIMHANS in June 2002, as also, in the second assessment made in July 2002, there was considerable improvement in her medical condition. It is also recorded in Exhibit R2, that as per the follow up report, she was currently showing significant improvement in all cognitive areas, and that, her word finding difficulty was reduced by 60-70%. It also stands duly noted, that she could not spontaneously name household articles, and food materials, or recall the names of persons and objects seen in movies or read in books. The report (Exhibit-R2) however indicates, that when she had difficulty to spontaneously name an article or person, she would succeed to do so with a little effort. The report (Exhibit R2) also notices, that her working memory had improved so much, that the same could be described as “near normal”, because she was able to execute and complete, working memory tasks. Thereafter, Radhika Gupta was subjected to a third neuro- psychological assessment in October, 2002. Again marked improvement was found in her conceptual organization of numbers, and ability for arithmetic operations. On this occasion it was found, that her writing skills still required further improvement. The said third assessment expressly notices, that Radhika Gupta was capable of all normal emotional experiences and expressions, and that, she was intimately desirous of restoring her future relationship with her husband. She was found to be fully capable of a happy marital life. Interestingly, the aforesaid report underlines the fact, that her improvement would have been a lot more significant and faster, if her husband had been with her, and had cared for her in her journey to recovery. It was however, pointed out, that Radhika Gupta still lacked in self-confidence. Yet, she was found to be highly motivated for further improvement, and her logical thinking and expressive abilities were described as excellent. Exhibit R3 produced by Dr. C.R. Mukundan-RW1, was on the same lines as the earlier two exhibits. Dr. C.R. Mukundan-RW1, deposed, that Radhika Gupta was not a case of mental disorder. Her case was of severe cognitive deficiencies, on account of brain damage. She had suffered, the aforesaid brain damage on account of eclampia during the course of her second pregnancy. According to Dr. C.R. Mukundan-RW1, in some areas of deficiency, she was found to have fully recovered. In some areas of cognitive deficiencies her improvement was about 60-70%. According to Dr. C.R. Mukundan-RW1, Radhika Gupta had recovered her working memory by more than 80%. It was further pointed out, that cognitive deficiency is recoverable, but is dependant on the degree of damage to the brain, as also, the emotional support the patient gets from family members at the relevant time. In his examination-in-chief, Dr. C.R. Mukundan-RW1 deposed, that during her treatment he had requested Radhika Gupta to bring her husband along with her. But her husband had never accompanied her. It was sought to be explained, that the presence of Darshan Gupta, would have given emotional support to her. This position remained uncontested during his cross-examination. On the issue of cognitive deficiencies, it was sought to be clarified, that even though the same would affect the quality of life of Radhika Gupta, yet the same would have no effect on her matrimonial obligations. During the course of his cross-examination, Dr. C.R. Mukundan-RW1, denied the suggestion, that Radhika Gupta was not in a position to discharge her normal day to day functions of life, like bolting a door after entering the bathroom, or opening a door after bolting it. He acknowledged, that he himself had given the reports at Exhibits R2 and R3. At this juncture, it would be necessary to notice, that after consulting Dr. C.R. Mukundan-RW1, the appellant-husband Darshan Gupta desired a second opinion, for which he obtained a letter from Dr. M. Veera Raghava Reddy- PW4, addressed to Dr. Nagaraja. Thereafter, the appellant-husband Drashan Gupta visited Dr. Nagaraja for a second opinion, but while seeking the same, he did not admittedly take the respondent-wife Radhika Gupta for examination at the hands of Dr. Nagaraja.

13. Dr. M Gauri Devi, Superintendent, Institute of Mental Health, Erragadda, Hyderabad, was examined as Court Witness 1(CW1). Dr. M. Gauri Devi-CW1 constituted a medical board, at the asking of the Family Court, for examining and evaluating the medical condition of Radhika Gupta. The aforesaid medical board comprised of Dr. Ch. Venkata Suresh, Assistant Professor of Psychiatry of Institute of Mental Health, Hyderabad, Dr. K. Ashok Reddy, Associate Professor of Psychiatry of Institute of Mental Health and Dr. S. Bhaskara Naidu, Professor of Clinical Psychology of Institute of Mental Health Hyderabad. The medical board having examined Radhika Gupta, submitted its report (Exhibit C1) to the Family Court. A perusal of the medical report indicates, that the medical board had recorded its conclusions on the basis of the medical history of Radhika Gupta, as also, the observations and examination of the respondent-wife. The medical board expressed the opinion, that the Radhika Gupta was suffering from cognitive deficiencies, in the form of difficulty in comprehension, attention, concentration, orientation, perceptual ability, memory retrieval, word finding difficulty and organization ability. The said effects, according to the medical board, could influence her day to day functioning. The defects were, however, found to be on account of brain damage involving predominately the parietal-temporal region of the brain. It was concluded, that Radhika Gupta did not manifest any signs of major mental disorder, and that, she exhibits normal adequate emotional responses. It was opined, that she would further benefit from neuro- psychological rehabilitation measures, which are available at NIMHANS.

25. On the attitude of Radhika Gupta, the respondent-wife, towards the appellant-husband, specially after September, 2000, it was submitted that she was totally disoriented, after she regained consciousness. She could not distinguish right from wrong. She was no better than a child of five years. She would wake up in the middle of the night and would start shouting without any reason. She would not allow the appellant-husband Darshan Gupta to sleep, after she had woken up. Even otherwise, her shouting and screaming could occur at any time of the day (or night) without any cause. She was unpredictable. Neurologist had opined, that it was impossible for Darshan Gupta, the appellant-husband, to live with his wife Radhika Gupta. On the subject of her mental condition, it was sought to be asserted, that after the tragedy wherein Radhika Gupta, lost her new born only eight days after the child’s birth; the appellant-husband, as also his family members, left no stone unturned for the restoration of her health. For that, she was taken to the best hospitals, which specialized in the very disorder, she suffered from. Specialists in all the relevant fields including neurologists, gynecologists, psychologists, occupational therapists, and the like, were duly consulted. When advised, second opinions of experts were also sought. Yet the condition of Radhika Gupta, did not improve to an extent, as would render her competent, even to take care of herself. In this behalf, it was submitted, that it was not safe to leave the respondent-wife alone in her bedroom. Likewise, she could not be permitted to use the bathroom by herself. Accordingly, an attendant was engaged to help Radhika Gupta, even for her personal day to day activities. Insofar as the mental condition of the respondent-wife is concerned, based on the testimony of Dr. M. Veera Raghava Reddy-PW4, it was submitted that there was no likelihood of any improvement in her mental framework, inasmuch as, her improvement (as per the testimony of PW4) would be limited to 4-5%. It was submitted, that she was forgetful, and had lost her memory. She could not name household articles or food materials. She could also not recall the names of persons and incidents, she was otherwise well-versed with. Her working memory was sub-normal, and therefore, she could not be expected to execute day to day tasks, or to perform ordinary obligations, towards her husband and the other family members. Her mental deficiency, according to the learned counsel representing the appellant- husband, was on account of brain damage suffered by her, at the time of the caesarian operation performed upon her, in September, 2000. The said brain damage, according to the learned counsel, was irreparable. It was pointed out, that the behaviour of Radhika Gupta, thereafter was proof in itself, for the aforesaid assertion. On account of the aforesaid brain damage, even her speech was stated to have been substantially impaired. On the subject of their marital relationship, it was contended, that the same was just out of the question. In this behalf it was sought to be pointed out, that Radhika Gupta would not allow the appellant to touch her physically, even to please her. The enjoyment of marital life was, therefore, unimaginable. According to the opinion tendered by Dr. M. Veera Raghava Reddy-PW4, on account of the cognitive deficiency suffered by Radhika Gupta, she was not fit for conjugal life. With great emphasis, learned counsel representing the appellant-husband pointed out, that Radhika Gupta was no longer fit to bear a child. This position, according to the learned counsel, was acknowledged unanimously by specialists treating her. It was, therefore sought to be suggested, that the mental disorientation of Radhika Gupta was of an order and extent, that the appellant-husband could not reasonably be expected to live with her. Living with her would result in subjecting himself to cruelty.

31. Shorn of the participation and support of Darshan Gupta to his wife Radhika Gupta, it is still material to determine the extent of her recovery. An assessment of the mental condition of Radhika Gupta, would render it possible for us to determine whether or not in terms of Section 13(1)(iii) of the Hindu Marriage Act, 1955, her mental disorder is of such a kind, and to such an extent, that Darshan Gupta cannot reasonably be expected to live with her. Insofar as the instant aspect of the matter is concerned, it would be just and appropriate to refer to and rely upon, the three reports prepared at the relevant time. The aforesaid reports were placed on the record of the Family Court by Dr. C.R. Mukundan-RW1. The said reports were prepared in June, July and October 2002. The reports reveal, that Radhika Gupta had undergone intensive cognitive re-training using brain function therapy, and she was provided with graded re-training in alphabet and number recognition and delayed recall, recognition and recall of words and figures, different levels of working memory, etc. In the first neuro-psychological assessment of Radhika Gupta at NIMHANS in June, 2002, as also, in the second assessment made in July, 2002, considerable improvement was found in the medical condition of Radhika Gupta. She was found to have shown significant progress in all cognitive areas, and that, her word finding difficulty was reduced by 60-70%. Even though the report records, that she could not spontaneously name household articles and food materials, or recall the names of persons and objects seen in movies or read in books, yet was noticed, that she could do so with some effort. The report also records, that her working memory had improved to an extent, that the same could be described as “near normal”. In her aforesaid assessment, she was found to be able to execute and complete, working memory tasks. Radhika Gupta was subjected to a third neuro- psychological assessment in October, 2002. Again marked improvement was found in her conceptual organization of numbers and ability for arithmetic operations. The instant third assessment expressly records, that Radhika Gupta was capable of all normal emotional experiences and expressions. Her eager and earnest desire about her future reunion with her husband, is also indicated in the report. She has been assessed as fully capable of shouldering the responsibilities of a happy marital life. Dr. C.R. Mukundan-RW1 categorically testified, that Radhika Gupta was not a case of mental disorder. He clarified, that her case was of cognitive deficiency, on account of brain damage. According to RW1, Radhika Gupta had recovered her working memory by more than 80%. He also explained, that cognitive deficiency is recoverable, but the recovery is dependent on the degree of damage to the brain, as also, the emotional support the patient gets from the family members, at the relevant time. It would be pertinent to mention, that this is the testimony of the same doctor, who had been requiring Radhika Gupta to bring Darshan Gupta along with her, during the course of her consultations. During the course of his cross-examination, Dr. C.R. Mukunan-RW1 denied the suggestion, that Radhika Gupta was not in a position to discharge her normal day to day functions of life.