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Showing posts with label mental illness. Show all posts
Showing posts with label mental illness. Show all posts
Saturday, 25 December 2021

Can the court annul the marriage if the wife suppresses her mental illness before her wedding?

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   The fact that the parties could not live together beyond nine weeks itself shows that the mental disorder suffered by the respondent is o...
Friday, 21 May 2021

Whether Insurance Company is bound to give coverage for mental illness along with physical illness?

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Can mental illness be treated differently from physical illness for medical insurance purposes, is the question that arises in the present p...
Wednesday, 12 May 2021

Bombay HC: Procedure to be followed by Court if accused is suffering from mental illness.

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 In terms of sub-section (2) of Section 330 of the Code of Criminal Procedure, if the case is one in which, in the opinion of the Magistrate...
Wednesday, 5 June 2019

Whether it is mandatory for court to hold enquiry in petition for annulment of marriage if wife is suffering from mental illness?

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After considering the various rulings cited before me and referred herein above,  I have no doubt that both the Courts below erred in comp...
Saturday, 2 March 2019

Whether the court must appoint Guardian-at-litem to wife prior to passing of decree for annulment of marriage on ground of her mental illness?

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The facts referred above, disclose that there are serious allegations of mental disorder of Seema, the respondent in the HMP filed by her ...
Sunday, 9 September 2018

Whether defendant can be permitted to examine doctor to ascertain mental condition of plaintiff at the stage of final argument ?

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 In view of the own admission of the plaintiff/petitioner No. 2 in the plaint that she had instituted the suit for cancellation of sale...
Saturday, 23 June 2018

What is difference between mental illness and mental retardation?

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The three-Judge Bench referred to the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 19...
Sunday, 31 December 2017

Whether ‘Mentally challenged’ man can donate kidney to sibling?

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Petitioner no. 3 is adjudged as mentally challenged and, in view of section 9(1-C) there is prohibition for removal of organs or tissu...
Sunday, 3 December 2017

Whether husband can be granted divorce on ground of mental illness of wife amounting to cruelty?

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 The respondent in para 22 of his cross examination has stated that he had earlier filed petition No. A-1235/2003 only on the ground of ...
Saturday, 15 July 2017

When court should not give divorce on ground of unsoundness of mind of other spouse?

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 From the above evidence, we are of the view that, it is difficult to assume that a case of unsoundness of mind as required by the statute...
Sunday, 17 July 2016

Whether court should grant annulment of marriage on ground that wife is suffering from mental illness?

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The Hon'ble Supreme Court in R. Lakshmi Narayan v. Santhi (supra) held that Section 9 provides that a marriage may be solemnised bet...

Whether husband is entitled to get annulment of marriage on ground of concealment of mental illness of wife?

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Taking into consideration all the circumstances, it is very clear that the mental illness, which requires continuous medica-lion and due...
Saturday, 13 February 2016

Procedure to be followed by plaintiff in suit for specific performance of contract if deft is suffering from mental illness

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The Court finds that instead of instituting a suit for specific performance of the agreement, the plaintiff preferred to intervene in th...
Wednesday, 29 July 2015

Whether court should grant decree for divorce on ground of mental illness of spouse?

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 Merely branding a spouse as a schizophrenic is not sufficient. The degree of mental disorder of the spouse must be proved to be such ...

When mental illness of spouse can be proved by xerox medical records?

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 The appellant is also seeking divorce on the ground of mental illness of the respondent. In order to prove that the respondent is suff...
Tuesday, 14 October 2014

What is duty of court when one of parties in suit is lunatic?

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In Rami Reddy's Case, the suit had been brought on behalf of the plaintiff by his next friend on the obvious allegation that the plai...