Smt. Shanthi vs V. Vijayaraghavan on 13 March, 2002
In MUNISHWAR DATT VS. INDRA KUMARI (A.I.R. 1963 PUNJAB
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Munishwar Datt Vashisht vs Smt. Indra Kumari on 28 February, 1963
Dr. Thomas Titus vs Mrs. Roja Titus And Anr. on 21 January, 1992
There can be a case where the marriage was contracted while he or she was in the period of a lucid interval despite the occurrence and recurrence of insanity before or subsequent to marriage. We discuss this aspect only to highlight the emphasis given by the statute, viz., the annulment of marriage requires a state of mind which can be considered as the stage of mind of a lunatic who is incapable of understanding the essence of a marriage at the time when the contract of marriage is entered into, in this case, at the time when the marriage was solemnised. Another aspect is that every form or degree of insanity or lunacy at the time of marriage would invalidate a marriage. The mental derangement must be such as to adversely affect the capacity to solemnise marriage, since the test applied is that a person should have the capacity to understand the nature of contract of marriage and the duties and responsibilities entailed by it (vide AIR 1963 Punjab 449 (Munishwar Datt Vashisht v. Smt. Indra Kumar).
V. Bala Krishna vs V. Lalitha on 22 September, 1983
In Munishwar Datt v. Indra Kumar while considering the lunacy as a disqualification at the time of the marriage. Tek Chand, J., held as follows at page 455:-
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