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july 2013

Supreme Court of India · 2013-07-01

Darshan Gupta vs Radhika Gupta

Court
Supreme Court of India
Petitioner
Darshan Gupta
Respondent
Radhika Gupta
Author
Jagdish Singh Khehar
Bench
Jagdish Singh Khehar, P. Sathasivam

Judgment text excerpt

The Supreme Court addressed the issue of divorce under Section 13(1)(iii) of the Hindu Marriage Act, 1955, where the husband sought dissolution of marriage on the grounds of mental disorder. The Court held that the wife's severe medical condition, which rendered her incapable of fulfilling marital obligations and resulted in significant cognitive impairment, constituted grounds for divorce. The Court emphasized that the inability to perform marital duties due to mental incapacity justifies the dissolution of marriage, thereby granting the husband a decree of divorce.

Darshan Gupta vs Radhika Gupta · Niyam