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        2013 (9) TMI 1298 - SC - Indian Laws

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        Mental disorder as a divorce ground requires proof of severe, enduring incapacity; manageable illness is not enough. For divorce on the ground of mental disorder under Section 13(1)(iii) of the Hindu Marriage Act, the alleging spouse must prove a severe and enduring ...
                        Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
                          Provisions expressly mentioned in the judgment/order text.

                              Mental disorder as a divorce ground requires proof of severe, enduring incapacity; manageable illness is not enough.

                              For divorce on the ground of mental disorder under Section 13(1)(iii) of the Hindu Marriage Act, the alleging spouse must prove a severe and enduring condition of such nature that normal marital life cannot reasonably be expected to continue; a mere diagnosis or manageable illness is insufficient. The Court upheld the High Court's assessment that the evidence did not establish serious schizophrenia or incurable unsoundness of mind in the wife, and found the medical material showed at most a treatable and manageable condition. On that basis, the statutory ground for divorce was not made out, and the decree for restitution of conjugal rights was sustained.




                              Issues: Whether schizophrenia or mental disorder of the wife was proved so as to constitute a ground for divorce under Section 13(1)(iii) of the Hindu Marriage Act, 1955, and whether the decree for restitution of conjugal rights was liable to be granted.

                              Analysis: The provision governing divorce on the ground of mental disorder requires proof not merely of the existence of an ailment, but of such a degree and character of mental disorder that the spouse seeking relief cannot reasonably be expected to live with the other. The Court affirmed the High Court's reappreciation of the evidence and held that the material on record did not establish serious schizophrenia or incurable unsoundness of mind. The medical evidence showed, at most, a treatable and manageable condition, with no reliable proof that the wife was suffering from such a grave mental disorder as to make marital life impossible. The trial court had misread the medical material, while the appellate court correctly applied the settled law on the statutory ground.

                              Conclusion: The ground for divorce under Section 13(1)(iii) was not made out, and the decree granting restitution of conjugal rights was justified.

                              Final Conclusion: The appeal failed and the High Court's decision was upheld, resulting in refusal of divorce and restoration of the wife's matrimonial relief.

                              Ratio Decidendi: For divorce on the ground of mental disorder, the spouse alleging the ground must prove a severe and enduring condition of such nature that normal marital life cannot reasonably be expected to continue; a mere diagnosis or manageable illness is insufficient.


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                              ActsIncome Tax
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