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september 1988

Supreme Court of India · 1988-09-12

RAM NARAIN GUPTA vs SMT. RAMESHWARI GUPTA

Citation / case number
SC 1987/71192
Court
Supreme Court of India
Petitioner
RAM NARAIN GUPTA
Respondent
SMT. RAMESHWARI GUPTA
Author
M.N. VENKATACHALLIAH
Bench
M.N. VENKATACHALLIAH

Judgment text excerpt

The Supreme Court held that under Section 13(1)(iii) of the Hindu Marriage Act, 1955, the mere existence of a mental disorder is insufficient for the dissolution of marriage; the burden of proof lies on the spouse alleging such disorder. The Court emphasized that the degree of mental disorder must be assessed to determine if it justifies a reasonable apprehension of living with the spouse. The appeal was dismissed, affirming that not all mental abnormalities qualify as grounds for divorce, and each case must be evaluated on its own merits.

RAM NARAIN GUPTA vs SMT. RAMESHWARI GUPTA · Niyam