...Court which has affirmed the findings of the trial court, submitted that in order to make out a ground for divorce under Section 13(1)(iii) of the Act, it is not necessary to establish that the respondent is suffering conti...has not been discharged of the burden as required by the statutory provision. Learned counsel contended that the words used in sub-clause (iii) of Section 13(1) to the effect that “mental disorder of...marriage than disappointments in sexual intercourse.”42. Section 13(1)(iii) “mental disorder” as a ground of divorce is only where it is of such a kind and...

...mother to stay with her parents at Mazuli. The appellant alleged in the petition for divorce that he came to realize that the opposite party had been suffering from mental disorder since childhood and, thus, a fraud was played on hi...provisions of the Hindu Marriage Act, 1955 regarding ‘mental disorder’, [13(1)(iii)], for adjudication of this case are..., behaviour and mind leading to unsoundness of mind may give rise to a cause of action for filing an application under section 13(1)(iii) of the Hindu Marriage Act. The burden of proof of the exis...

...been suffering from mental disorder since childhood and thus a fraud was played on him by the parents of the opposite party by dumping a mentally deranged daughter to him. The appellant also felt that it was not safe to live togethe...the Hindu Marriage Act, 1955 regarding 'mental disorder',[13(1)(iii)], for adjudica tion of this case are outlined as follows: "13. Divorce. (1) Any marriage solem n...rise to a cause of action for filing an application under Sec tion 13(1)(iii) of the Hindu Marriage Act. The burden of proof of the existence of requisite degree of mental ...

...provisions of the Hindu Marriage Act, 1955, regarding ‘Cruelty, desertion’ and ‘mental disorder’, [13(1)(i-a), (i-b) and ...application under section 13(1)(iii) of the Hindu Marriage Act. The burden of proof of the existence of requisite degree of mental disorder is on the spouse making the claim....16. In Vinita Saxena v. Pankaj Pandit, (2006) 3 SCC 778, Hon'ble Supreme Court observed that mental disorder as a ground of divorce is only applicable,...

...para no.42, Apex Court has further hold as follows : 42. Section 13(1)(iii) mental disorder as a ground of divorce is only where it is of such a kind and...such fact was asked in cross examination of AW-1 Murlidhar. After going through the evidence available on record, the finding of learned Trial Judge that despite knowledge of serious mental disorder...Judge in holding necessity to prove that at the time of marriage, one of the parties was suffering from a mental disorder of such a kind or to such an extent as to be unfit for marriage and the...

..., Jhansi, in Original Suit No. 34 of 1983 on his file.2. Appellant's suit for a decree of dissolution of his marriage with the respondent on the ground envisaged in Section 13(1)(iii) of the Hind...13(1)(iii) does not make the mere existence of a mental disorder of any degree sufficient in law to justify the dissolution of a marriage. Section 13(1)(iii) provides...impact on the husband, we must hold that such mental disorder is not of such a kind and to such an extent that the husband cannot reasonably be expected to live with her, within the meaning of the second portion of clause (...

.... 13(1)(iii) of the Hindu Marriage Act, 1955 which permits divorce on the ground that the respondent has been either (i) incurably of unsoun...(1)(iii) defines “mental disorder” in very wide terms.3. Factually, the case pleaded by the husband, who resides at Mumbai, in the divorce petition was that he was married to...1. This appeal has been filed u/S. 19 of the Family Courts Act, 1984 against the judgment and decree of divorce dated 17-4-2006 passed by the Principal Judge...

...respondent is suffering from a serious mental disorder i.e schizophrenia or incurable unsoundness of mind, and can this be considered as a ground for divorce under Section 13(1)(iii) of the Hindu...Court referred to above, the provision of Section 13(1)(iii) of the Act is interpreted and the meanings of “unsound mind” and “mental disorder” as occurring in the above provisions of the Act are...13(1)(iii) of the Act and laid down the law regarding mental disorder or unsound mind as a ground available to a party to get dissolution of the marriage.22. The relevant...

...for hypothyroidism. 8. Decree of divorce is sought by the husband on two grounds i.e., Section 13(1) (ia) and Section 13(1) (iii) i.e. cruelty and incurable mental ...13(1) (iii) reads thus: Section 13(1) (iii): has been incurably of unsound mind, or has been suffering continuously or intermittently ...so far as the ground of mental disorder is concerned what is required under law and as indicated in Section 13(1)(iii) is that a person should be suffering from...

...decree for divorce on the grounds of (i) cruelty under Section 13(1)(ia), (ii) desertion under Section 13(1)(b) and (iii) that the wife was suffering from mental ..., 1981. As stated earlier, the three grounds sought to be made in the petition are as under:(i) Cruelty as contemplated under Section 13(1)(ia);(ii) Desertion as contemplated under Section 13(...contemplated under Sec. 13(1)(iii).A perusal of the petition for divorce would show that in para 1 of the petition, the husband has referred to the alleged erratic behaviour of the wife, which accord...

...been filed on behalf of the respondent.3. The meaning of expression “mental disorder” has been used in Explanation (a) to Clause (...for one time in the whole 24 years of her age, would not be sufficient to hold that she was suffering from “mental disorder” within the meaning of expression (a) of Clause (iii) of subsection (1) of section ...appellant for decree of divorce under section 13(1)(a), (b) of Hindu Marriage Act.2. It is not disputed that the marriage between the appellant and respondent was solemnized on 20th of...

...dissolution of marriage on the ground specified in Section 13(1)(iii) of the Hindu Marriage Act, 1955, namely, the respondent wife “has been incurably of unsound mind or has been suffering continu...insanity or mental disorder, medical evidence is a must. But where medical evidence is admittedly available and can be produced by the party alleging mental disorder of the other, then he runs all the risk of havin...of the modern age. The legislature has not made unsoundness of mind or mental disorder, by itself, a matrimonial fault unless the unsoundness is incurable or the disorder is such as to disable the...

...in dismissing the petition on this ground of mental disorder on the part of the respondent. That the material on record was sufficient to hold that the petitioner had proved this ground and the marriage between the parties should ha.... Learned Counsel has also submitted that Schizophrenia is such a condition which is one within the meaning of such mental disorder and constitutes a ground for dissolution of the marriage under Section 13...the submissions urged on behalf of the appellant and the material relied upon by them. In so far as the ground of mental disorder is concerned what is required under law and as indicated in Section 13(...

...petitioner/appellant. Section 13(1)(iii) along with explanation (a) and (b) reads as follows:“Sec.13(1)(iii): has been incurably of unsound mind, or has b...rather apparent that this is a case where recurring attacks of mental disorder, which is not of a curable nature. Even going by the statute Section 13(1)(iii) clearly...A.M Shaffique, J.:— This appeal is filed by the petitioner in O.P No. 1037 of 2002. The original petition was filed seeking divorce under Section 13(1)(iii) of the Hindu...

...when the parties lived together after marriage she was indulging in violent acts now and then and as she was suffering from mental disorder. There is no specific allegation that she was impotent and the marriage could not be consuma...disorder of the kind mentioned in Section 13(1)(iii) if proved the petition for divorce can be ordered. Any evidence in regard to that aspect would be relevant and that is there already on record. The...to the respondent husband, the wife was buffering from some mental disorder that she used to exhibit violent acts now and then, that on enquiries he came to know that she had this ailment even before...

...based upon the Section 13 Sub-section (1) clause (iii) that respondent being of unsound of mind and suffering from mental disorder a decree for divorce be passed...contained in sub-clause III of Section 13(1) relates to the respondent being of incurably unsound mind. In the Explanation the expression “mental disorder” has been defined to me...incurable.17. In the light of the above I am of the view that the appellant has failed to prove the respondent was suffering from such mental disorder or condition as required by the Section 13(1) C...

...void. Under section 19(3), it must be established that the respondent was a lunatic or idiot at the time of marriage. This section contemplates upon a much greater mental disorder, which would suffice for obtaining a decree for divo...of giving valid consent in consequence of unsoundness of mind or has been suffering from mental disorder. Section 12(1)(b), renders, at the instance of the other party a marriage voidable, which i...important to notice that to bring a case within the ambit of clause (iii) of sub-section (1) of Section 13, mental disorder should be of such a kind and to such an extent that...

...appeal.4. The question to be considered in the appeal is whether the appellant has established the ingredients of Section 13(1)(iii) of the Hindu Marriage Act. To succeed in such a ...afflicted with a “mental disorder” the applying spouse has also to establish the requirement of the section that the said affliction is to such an extent that it generates a reasonable apprehension in the mind of the petitioner that...could justify dissolution of a marriage few marriages would, indeed, survive in law”.6. What is the degree of mental disorder a spouse suffers from which if shown to the Court, enable the applying spouse, a decree for...

...trial since the main ground for seeking divorce relied upon by the husband was under Section 13(1)(iii), which reads thus; "(iii) has been incurably of unsound mind, or ...observation of any psychiatrist in order to find out whether she suffers from such mental disorder which would attract Section 13(1)(iii). 8. We are therefore...judgment and order, the learned Judge of the Family Court was pleased to dismiss the petition filed by the husband under Section 13(1)(i-a)(iii) of Hindu Marriage Act. It...