TaxTMI 
TaxTMI 
2010 (4) TMI 1044
X X X X Extracts X X X X
X X X X Extracts X X X X
....the very beginning it may be mentioned that the respondent-husband filed a petition for divorce in the Family Court at Aurangabad on 29th July, 1999, on the ground that the appellant herein is a patient of schizophrenia. The said petition came to be allowed by the Judge, Family Court and decree of divorce was passed in favour of the respondent- husband. 4. Aggrieved by the decree, the appellant moved the High Court which affirmed the judgment and decree of the Family Court. 5. This appeal arises out of Special Leave Petition (C) No.9482 of 2007 and when notice was issued on 14th May, 2007, the same was limited to the question of the findings of the Courts below relating to the mental disorder of the appellant. Notice was also issued a....
X X X X Extracts X X X X
X X X X Extracts X X X X
....m schizophrenia. Ms. Rao pointed out that the same learned Judge realized that the earlier order passed by her in the divorce proceedings had been obtained on a mis-representation of facts which amounted to fraudulent behaviour on the part of the respondent-husband. Ms. Rao pointed out that the learned Judge of the Family Court observed that after seeing the appellant in Court at the time of trial and at the time when she gave evidence, it was difficult for her to come to the conclusion that the appellant was schizophrenic. Another circumstance mentioned in the judgment of the Family Court in the custody matter relating to the insertion of Copper-T by Dr. Sakulkar, a Gynaecologist, fully negated the respondent's claim that during the pe....
X X X X Extracts X X X X
X X X X Extracts X X X X
....ion 18 of the Hindu Adoption and Maintenance Act, 1956, for the minor daughter. Since on 14th May, 2007, notice was issued on the application for condonation of delay and also on the Special Leave Petition on the question of the findings relating to mental disorder and payment of lump sum amount to the appellant and since it was also recorded that the petitioner did not wish to challenge the final decree of divorce granted in favour of the husband, we shall confine our judgment and order to the said aspects only. 9. As far as the prayer for condonation of delay in filing the Special Leave Petition is concerned, we are of the view that sufficient grounds have been made out to condone such delay, particularly because a large portion of the....
X X X X Extracts X X X X
X X X X Extracts X X X X
....fidavit filed on behalf of the respondent Nos. 1 and 2, have not been denied by the respondents, except to the extent that the vehicle indicated had been purchased by the respondents after obtaining a loan. The list of assets owned by the respondent No.1, set out as Annexure-1 to the rejoinder affidavit, indicates that the respondent No.1 is sufficiently well-off to provide for a suitable lump sum amount towards permanent alimony as maintenance to the appellant and her daughter, Naveli, though may not be to the extent as claimed by the appellant. Since it is not possible for us on the general information supplied, to arrive at the estimated income of respondent No.1, we are of the view that while retaining the matter in this Court, the Fami....