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SUPREME COURT OF INDIA

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PETITIONER:

RAM NARAIN GUPTA

Vs.

RESPONDENT:

SMT. RAMESHWARI GUPTA

DATE OF JUDGMENT12/09/1988

BENCH:

VENKATACHALLIAH, M.N. (J)

BENCH:

VENKATACHALLIAH, M.N. (J)

SEN, A.P. (J)

CITATION:

1988 AIR 2260 1988 SCR Supl. (2) 913

1988 SCC (4) 247 JT 1988 (3) 621

1988 SCALE (2)670

ACT:

Hindu Marriage Act, 1955--Section 13(1)(iii)--

Dissolution of marriage--All mental disorders not recognised

as grounds for grant of decree--Degree of severity or

acuteness of--To be proved--Burden of proof on the spouse

who alleges--Mere branding of a person as Schizophrenic not

enough.

HEADNOTE:

The appellant and respondent married in 1977. In 1983,

the appellant filed a suit for dissolution of the marriage,

alleging that his wife was suffering from severe mental

disorder, psychiatrically recognised as ‘Schizophrenia’

which rendered her unsociable and despite competent

professional treatment, her condition deteriorated to the

point of making manifest in her suicidal tendencies and

aggressive violent behaviour towards others. The appellant

could not therefore