SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

1995 Supreme(MP) 585

T.S. Doabia
Usha Gupta
vs
Santosh Kumar Pahadiya
Decided on : 3 July, 1995

In order to establish that a person is incurably of unsound mind and suffering from mental disorders that make it impossible for the other spouse to live with them, the following elements or symptoms must be present: (i) failure to maintain social contact with external relations; (ii) failure to have a distinction between what is going on in the mind of the patient and what is going on in the external world; (iii) there should be deprivity of reason; (iv) disordered working of the nervous system; and (v) there should be disorder in social relations.

Headnote:

{'KEYWORD': 'Mental Disorder', 'SUBJECT': 'Divorce', 'ACT SECTION LIST': ['Section 13(1)(iii) of the Hindu Marriage Act, 1985'], 'SUMMARY': 'The court discussed the legal framework for determining whether a person is incurably of unsound mind and suffering from mental disorders that make it impossible for the other spouse to live with them. The court held that the evidence did not establish that the appellant was suffering from such a mental disorder and that the respondent had failed to prove that the appellant was incurably of unsound mind.'}

Fact of the Case:

The appellant and respondent were married in 1982 and had two children together. The respondent filed for divorce on the ground that the appellant was incurably of unsound mind and had been suffering continuously from mental disorder. The appellant denied the allegations and claimed that she was not suffering from any mental disorder.

Finding of the Court:

The court found that the evidence did not establish that the appellant was suffering from a mental disorder that made it impossible for the respondent to live with her. The court noted that the appellant had improved her educational qualifications after the marriage and was looking after the children. The court also found that the respondent had failed to prove that the appellant was incurably of unsound mind.

Issues: Whether the appellant was suffering from a mental disorder that made it impossible for the respondent to live with her.

Ratio Decidendi: The court held that in order to establish that a person is incurably of unsound mind and suffering from mental disorders that make it impossible for the other spouse to live with them, the following elements or symptoms must be present: (i) failure to maintain social contact with external relations; (ii) failure to have a distinction between what is going on in the mind of the patient and what is going on in the external world; (iii) there should be deprivity of reason; (iv) disordered working of the nervous system; and (v) there should be disorder in social relations.

Final Decision: The court allowed the appeal and reversed the judgment and decree of the court below.

JUDGMENT

T.S. Doabia, J.

1. A marriage which was solemnised in the year 1982 is sought to be dissolved by a decree of divorce. The ground on which this application is founded is that the present appellant has been of incurably unsounded mind and has been suffering continuously from mental disorder of such a kind that the respondent husband cannot live with the appellant. Even though, out of this wedlock two children were born, the plea has been taken that the appellant was suffering from mental disorders from the very first day of the married life. A decree of divorce has in fact been passed by the Seventh Additional Judge to the Court of District Judge, Gwalior. It is against this decree, the present appeal has been preferred. The brief facts are as under :

2. As per the Hindu customs and traditions a marriage- which is subject of this appeal - was solemnised on 16.2.1982. The parties lived together for about five years. Out of the wedlock two children were born. The elder one is daughter. She was born on 12.4.1984. The younger one is a son. He was born on 11th June, 1985. The appellant had passed B.A. Part-I examination at the time when she was called upon to perform of matrimonial obligations.

3. The petition seeking divorce is based on the ground enumerated in Section 13(1)(iii). According to the respondent/husband, the wife has been suffering from such mental disorders which are not curable in nature. It is stated that the behaviour of the appellant was not normal from the very first day. It is alleged that once the appellant starting speaking then she would keep on speaking. During this period she would also start shrieking, dancing and even singing songs. In the petition it was stated that the normal sense of respect was not a matter of concern for her. It is stated that the appellant-wife stayed with the respondent- husband for some time and went thereafter to her parental house in March, 1982. On account of her abnormal behaviour she was taken for treatment at Gwalior. She was treated at the clinic of one Dr. Kale. It is stated that this treatment led to no improvement. Another Dr. Smt. Malhotra also treated the appellant. There was again no improvement. Electric shocks were also administered to her. It is stated that inspite of all this, there was no improvement in the mental condition of the appellant. On the other hand there was further deterioration. It is elaborated in the petition that the appellant would not stay inside the house. She would run towards the road. Household goods were scattered by her. She would break her bangles and even remove her Sindoor (Vermilion). In the application there is a suggestion that there was some improvement on account of the treatment and she was taken to her parental house. She came to live with the respondent-husband again in the year 1984 but her mental condition was no better. She would either keep quiet for hours or keep on speaking of her own. This she did even when she was alone. It is in August, 1985 the respondent-husband formed a belief that the state of affairs is such which could not be improved upon. According to the husband, the appellant would call him 'Kalua' and 'Joker'. She continued with her behaviour of running out of the house. It is stated that once she entered the toilet and was seen washing her face with flush water. It is also stated that on another occasion the appellant caught hold of her son and wanted to throw him from the first floor. She was prevented from doing so. Another incident which is being mentioned is that in the year 1985 on the occasion of Janamashthami the Prasad meant for offering to the deity was taken by her before it could be offered to the gathering. This she did as she thought that supernatural power stands bestowed on her. She was again under treatment. Electric shock were also administered to her. It is stated that in the year 1986 the father of the appellant took her to his house for treatment. There was no improvement. The appella










































































Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon Back to top