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MADRAS HIGH COURT
A. K. Rajan, J
Jagedeeswari T. v. Anand alias Mohankumar
| Table of Content |
|---|
| 1. background of divorce appeal due to claims of unsoundness of mind. (Para 1 , 2 , 3) |
| 2. maintenance petition filed alongside divorce petition. (Para 4 , 5 , 7) |
| 3. legal arguments regarding grounds for divorce. (Para 8 , 9 , 10) |
| 4. evidence and standards for proving grounds of unsoundness. (Para 11 , 12) |
| 5. court's interpretation of unsoundness of mind in legal terms. (Para 13 , 14 , 15 , 19 , 20) |
| 6. court concludes no sufficient evidence for divorce. (Para 21 , 22 , 23) |
| 7. final decision granting maintenance after annulment of divorce. (Para 24 , 25 , 26 , 27) |
1. The wife, who suffered a decree for divorce in H.M.O.P. No.536 of 2004 on the file of the Family Court, Coimbatore, is the appellant in this appeal. The said H.M.O.P.No.536 of 2004 was filed by the husband under S.13(1)(iii) of the Hindu Marriage Act claiming that the wife is suffering from incurable unsoundness of mind to such an extent that he cannot reasonably be expected to live with her.
2. The sum and substance of allegations in the petition is as follows: Even on the second day after marriage the respondent / wife had disclosed that she does not like him and she did not consent for the marriage. The marria
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