Words of statute in petition under hindu marriage act
Querist :
Anonymous
(Querist) 09 April 2011
This query is : Resolved
Ld Counsels,
The petitioner uses the words against the respondent that the respondent is "unfit for marriage and procreation of children"
The above words are clear reproduction of words in section 5 of Hindu marriage act making the marriage invalid if either party to marriage having mental disorder of such a degree which will make him/her "unfit for marriage and procreation of children"
Now having used the words of statute can the petitioner claim that such allegation doesnt mean the respondent was having mental disorder but these allegations only mean impotence of the respondent.
Can words of statue used as exact replica in the petition be given a different interpretation by the court or the petitioner.
Please clarify.
Thanks in advance.
R.Ramachandran
(Expert) 10 April 2011
Unless the entire text of the Section 5(iii)(b) had been borrowed and used, the mere usage of the term 'that the respondent is unfit for marriage and procreation of children' will not mean that the respondent is or was suffering from 'mental disorder' also. Such an averment will only lead to the inference that the respondent is impotent and to perform the functions of an husband and consequently incapable of procreation. Nothing more, nothing less. In any case, if the complainant offers some other explanation to the term used by her, the same can be accepted by the court. There can be no hair-splitting on these trivial issues.
