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1 - 5 of 5 (0.25 seconds)Section 9 in The Hindu Marriage Act, 1955 [Entire Act]
Section 13 in The Hindu Marriage Act, 1955 [Entire Act]
Rajesh K. Gupta vs Ram Gopal Agarwala And Others on 28 April, 2005
46. To conclude this aspect, it is relevant to note that a
decision in the case of Rajesh K. Gupta Vs. Ramgopal Agarwala
and others1 rendered by the Apex Court considered the
Paranoid schizophrenia and if it is not of serious nature, the
custody of the child may be given to the spouse suffering from
such disease. Thus, it is not that disease Paranoid
schizophrenia which is sufficient to grant a decree of divorce,
but it is the degree of severity of the disorder which is relevant.
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2005 (5) SCC 359
Vinita Saxena vs Pankaj Pandit on 21 March, 2006
47. The another decision on this aspect would be, the
case of Vinita Saxena Vs. Pankaj Pandit2. In this decision, the
Apex Court has considered the meaning of the word 'cruelty'.
It was held that the 'cruelty' though is a ground for divorce, a
course of conduct causing danger to life, limb or health or
giving rise to reasonable apprehension of such danger, may be
physical or mental, intentional or unintentional varies from
time to time, place to place, individual and individual
depending on social economic conditions, educational standard,
individual temperament etc., as well as intensity, gravity,
stigmatic impact of the conduct. It was held that each case
may be considered in the context of its own facts taken as a
whole and the matrimonial relationship between the parties.
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