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kumar deekay (respondant)     08 October 2009

What is unsound mind ?

What is defenition  of  "Undosund mind" as per HMA. Whether Bachpana, Short temeper attitute, non sense talking will come under the defenition or not. If yes whther it can be ground of Divorce. if so, how any one can prove it in divorce proceedings. If wife is ingnoring to get any test to be conducted. what is option avilable to Husband.  



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 8 Replies


(Guest)

Unsound mind two types.

1.Permanent unsound mind

suffering Brain encephlity, memory lost genitacally or with an accident, psychatric patient 

2.Temporary unsound mind.

Under influence of alchohal

 

Vikas Dharmendra (Consultant)     08 October 2009

If a mature person have these behave as you describes, Bachpana, Short temeper attitute, non sense talking .. Now a days, there is a fraud in marriages and girl's parents hides those facts about their daughters. 

these are kind of unsound mind only. but problem is that these criteria are not comes under test of unsound mind.

Jamshed Bey (Lawyer & Legal Consultant +91 9810136627)     08 October 2009

The words "Unsound mind" have been adopted in several statutes, and sometimes indiscriminately used to signify, not only lunacy, which is periodical madness, but also a permanent adventitious insanity as distinguished from idiocy.

The term unsound mind seems to have been used in those statutes in the same sense as insane; but they have been said to import that the party was in some such state as was contradistinguished from idiocy and from lunacy, and yet such is made him a proper subject of a commission to inquire of idiocy and lunacy.
 

Suchitra. S (Advocate)     08 October 2009

Dhiraj Kumar,

According to IPC, the nature and extent of the unsoundness of mind required to be exempted from criminal liability being such as would make the offender incapable of knowing the nature of the act, or that he is doing what is wrong or contrary to law. It is only 'unsoundness of mind ' which naturally impairs the cognitive faculties of mind that can form a ground of exemption from criminal liability. So, I dont think the characters as u described form an 'unsound mind' .

gagandeep (student)     08 October 2009

Can a compromise be declared  illegal if challenged, if the person has been under treatment  for depression  few days  ago before signing the compromise as in the definition of unsound mind  tells that if the person is a psy.   patient  comes under unsound position?

Can a NRI  as well as an Advocate  command a person of feeble mind  and under depression person to sign a compromise?Can it be considered undue influence for Court proceedings with medical proof?

 

AMIT TANEJA (LAWYER)     09 October 2009

These words have been adopted in several statutes, and sometimes indiscriminately used to signify, not only lunacy, which is periodical madness, but also a permanent adventitious insanity as distinguished from idiocy.

The term unsound mind seems to have been used in those statutes in the same sense as insane; but they have been said to import that the party was in some such state as was contradistinguished from idiocy and from lunacy, and yet such is made him a proper subject of a commission to inquire of idiocy and lunacy.
 

a person with unsound mind exempts criminal liablity

Khaleel Ahmed (Legal Advisor)     16 October 2009

For the proof of unsound mind the two competent medical practitioners should declare the person is of unsound mind, mere allegation is not sufficient to say a person is of unsoundmind or bachpana etc.

Yes it can be the strong ground  for divorce.

kumar deekay (respondant)     19 October 2009

Dear Mr. Ahemad,

Is there and decided case where Hon'le Court has take note of the same in Divorce case.

Please advise.


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