Ram Narain Gupta vs Smt. Rameshwari Gupta on 12 September, 1988
3. At the time of trial, the elder daughter was 12 years of age and
the younger one was 10 years of age. She was a person working as Teacher
and had given birth to children and was bringing them up. It is doubtful
how this imputation of insanity could be justified for the grant of divorce.
The insanity complained of as a ground of marriage must be of an incurable
type. Although it was denied by the respondent that she was suffering from
any mental illness, even Schizophrenia cannot stated to be an incurable
FAO No.224-M of 1998 -3-
type. It has been so laid down in the decision of the Hon'ble Supreme Court
in Ram Naraia Gupta vs. Rameshwari Gupta (1988) 4 SCC 247. The
petitioner cannot contend that this was a mental illness of such type that it
could be stated that she could not be cured. A Doctor had been examined,
but he did not go as far as to say that such type of mental illness cannot be
cured at all. If she had an ailment and if it was not disclosed, the non-
disclosure could have been made a ground if it served as a material basis for
taking his decision for marriage and if he had filed the petition within 1 year
for annulment of marriage under Section 12 of the Hindu Marriage Act.
The petition filed nearly 10 years of their marriage and when they had
grown up children would only show that the petitioner was trying to pick up
some excuse for dissolution of marriage. I am not prepared to go as far as
the trial Court did by saying that no mental ailment of the respondent was
proved. I would say that if she had a mental ailment, it was not proved to be
of such type that was incurable to offer to the husband a ground for
divorce .