However, we find no difficulty in applying the reasoning and the ratio laid down in Raghunath Gopal Daftardar (supra) which we, with the greatest respect, approve of, in holding that the condition of "epilepsy" is neither an incurable disease nor can it be considered a mental disorder or a psychopathic disorder, for making a ground under Section 13(1)(iii) of the Hindu Marriage Act. We are further of the opinion that there is an abundance of medical evidence, as of this date, that such a medical condition could not justify any petitioner's stand that the condition would be an impediment to the spouses living together.
On that count, we hold that the petitioner has failed to prove that the respondent was suffering from epilepsy or even that, if she were suffering from such a condition, the same could not be considered as a ground under Section 13(1)(iii) of the Act for claiming a decree of dissolution of marriage.
IN THE HIGH COURT OF BOMBAY (NAGPUR BENCH)
Family Court Appeal Nos. 19 of 2017 and 25 of 2017
Decided On: 26.09.2023
Harish Vs. Leelavati
Hon'ble Judges/Coram:
Vinay Joshi and Valmiki Sa Menezes, JJ.
Author: Valmiki Sa Menezes, J.
Citation: MANU/MH/3893/2023.
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