This section contains the nature of the case and procedural background.

H and W married with a plan that H would attend college, and when he got his degree, W would then attend. W worked to support the marriage while H attended six different colleges and never got a degree. H made no real efforts to obtain employment, and when he did, he lasted only a week or two. The marriage was not exactly harmonious. W testified that H constantly belittled her and harassed her complaining of her inability to make him happy. H was prone to uncontrolled rage and outbreaks and acting irrationally. W eventually moved out of the home and filed for divorce based on irreconcilable differences. H then kidnapped her with a handgun and told W that she should write to her father because he was going to kill her. W testified that she was afraid to live with defendant. At trial, H moved for a dismissal of W's complaint on the ground of defendant's insanity. Evidence from a Dr. was taken at a second hearing. The Doctor testified that H was suffering from a psychosis known as paranoid schizophrenia, that he had probably been so afflicted since age twenty to twenty-two and that 'schizophrenia is never-ending.' The trial court dismissed the complaint on grounds that H was insane. The Court of Appeals reversed on the grounds of cruel and inhuman treatment. In granting that relief, the intermediate court reasoned that mentally ill persons may be held liable in tort if malice or evil intent is not a necessary element. 'It would be anomalous to hold that a spouse can obtain a recovery in a tort action against a mentally ill spouse but cannot obtain a divorce based upon the same facts.' Defendant's abduction of his wife and threats to kill her were tortious acts incompatible with the marital relationship, the court reasoned, and 'a spouse's mental illness cannot provide a defense to a complaint for divorce based upon tortious conduct that constitutes cruel and inhuman treatment.'

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