Vanshika Ranjan, Symbiosis Law School, Pune
Citation: (2011) 12 SCC 1
BEFORE THE HON'BLE SUPREME COURT OF INDIA
(Before P. Sathasivam, B.S. Chauhan, JJ. )
Pankaj Mahajan….…........................................................................................................Appellant
V.
Dimple @Kajal....................................................................................................Respondent
Decided on September 30, 2011.
CASE FACTS
Pankaj Mahajan and Dimple @Kajal got married to each other on 02.10.2000 at Amritsar and lived together in husband’s parent’s house and after sometime they shifted to a rented house. They had a baby girl born on 11.07.2001, who is now living with her mother.
The appellant claimed that after their marriage the respondent started doing unusual things , became aggressive and dubious. She started giving suicidal threats to him, insulted and abused him infront of everyone and tried to commit suicide by jumping off from the roof but was timely saved by her husband.
After consulting from various doctors he got to know that the respondent is suffering from mental disease i.e. Schizophrenia even before marriage and the disease is not curable. Thus it became impossible for his husband to live with her because of the ongoing threats and incidents done by his wife and he decided to divorce. The petition was filed by appellant in the District court of Amritsar for termination of marriage by a decree of divorce and recieved it on 29.04.2006. But the high court permitted the appeal filed by the respondent and set aside the judgement and decree passed by the judge on 29.04.2006.
Special leave petition was filed by the husband as he was against this decision.
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