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july 2013

Supreme Court of India · 2013-07-01

DARSHAN GUPTA vs RADHIKA GUPTA

Citation / case number
SC 2009/25751
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 mental incapacity in the context of marriage, emphasizing that under Section 13(1)(iii) of the Hindu Marriage Act, 1955, a spouse can seek divorce on the grounds of mental disorder if the other spouse is incapable of performing matrimonial duties. The Court held that Radhika Gupta's severe medical condition rendered her unable to fulfill her marital obligations, thus justifying the husband's petition for divorce. The appeal was allowed, and the marriage was dissolved on the grounds of mental incapacity.

DARSHAN GUPTA vs RADHIKA GUPTA · Niyam