Court cannot grant dissolution of marriage on the basis of one spouse's illness.
It is thus clear that the Respondent, even if she did suffer from schizophrenia, is in a much better health condition at present. Therefore, this Court cannot grant the dissolution of marriage on the basis of one spouse's illness. The Appellant has not proved the fact of mental disorder of the Respondent with reference to the allegation made against her that she has been suffering from schizophrenia by producing positive and substantive evidence on record and on the other hand, it has been proved that the Respondent is in much better health condition and does not show signs of schizophrenia as per the most recent medical report from NIMHANS, as deposed by PW-4 in his evidence before the trial court.1
Any person may have bad health, this is not their fault and most times, it is not within their control, as in the present case, the Respondent was unwell and was taking treatment for the same. The illness had its fair share of problems. Can this be a reason for the Appellant to abandon her and seek dissolution of marriage after the child is born out of their union? Since the child is now a grown up girl, her welfare must be the prime consideration for both the parties. In view of the foregoing reasons, we are of the opinion that the two parties in this case must reconcile and if the Appellant so feels that the Respondent is still suffering, then she must be given the right treatment. The Respondent must stick to her treatment plan and make the best attempts to get better. It is not in the best interest of either the Respondent or her daughter who is said to be of adolescent age for grant of a decree of dissolution of marriage as prayed for by the Appellant.1
https://www.lawweb.in/2013/09/court-cannot-grant-dissolution-of.html
Civil Appeal No. 8264 of 2013 (Arising out of SLP (C) No. 3544 of 2007)
Any person may have bad health, this is not their fault and most times, it is not within their control, as in the present case, the Respondent was unwell and was taking treatment for the same. The illness had its fair share of problems. Can this be a reason for the Appellant to abandon her and seek dissolution of marriage after the child is born out of their union? Since the child is now a grown up girl, her welfare must be the prime consideration for both the parties. In view of the foregoing reasons, we are of the opinion that the two parties in this case must reconcile and if the Appellant so feels that the Respondent is still suffering, then she must be given the right treatment. The Respondent must stick to her treatment plan and make the best attempts to get better. It is not in the best interest of either the Respondent or her daughter who is said to be of adolescent age for grant of a decree of dissolution of marriage as prayed for by the Appellant.1
https://www.lawweb.in/2013/09/court-cannot-grant-dissolution-of.html
IN THE SUPREME COURT OF INDIA
Decided On: 17.09.2013
Appellants: Kollam Chandra Sekhar
Vs.
Respondent: Kollam Padma Latha
Vs.
Respondent: Kollam Padma Latha
-
