Professional Documents
Culture Documents
COURT
Case Concerning
The Hindu Marriage Act, 1955
BOMBAY
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TABLE OF CONTENTS
1.
INDEX OF AUTHORITIES
II
2.
LIST OF ABBREVIATIONS
3.
STATEMENT OF JURISDICTION
VI
4.
STATEMENT OF FACTS
VII
5.
QUESTIONS PRESENTED
VIII
6.
SUMMARY OF ARGUMENTS
7.
Arguments Advanced
8.
Prayer
02
03 -7
8
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INDEX OF AUTHORITIES
JUDICIAL DECISIONS:
BOOKS REFERRED:
DIWAN PARAS, MODERN HINDU LAW
DICTIONARIES REFERRED:
THE LAW LEXICON, BAKSHI, P. M., Ashoka Law House, New Delhi.
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SITES REFERRED:
MANUPATRA.COM
SCC ONLINE.COM
JUDIS.NIC
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LIST OF ABBREVIATIONS
A.C.
A.I.R.
Ed.
Cr.LJ
Appeal Cases
All India Reporter
Edition
Criminal Law Journal
L.R.
Law Report
Vol.
Volume
Q.B.
Queens Bench
V.
Verses
Ors.
Others
Schizo
Dr.
Schizopherina
Doctor
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STATEMENTS OF JURISDICTION
The petitioner and respondent have submitted the present dispute before this Honble
court under sec (10) (b)1, 12(1) (c)2 and 13(1) (c)3.this memorandum sets for the facts,
and an argument on the presents case.
1 Judicial separation under sec10 (1) (b) - either party to a marriage, whether solemnized before or
after the commencement of this Act, may present a petition praying for a decree for judicial separation on
any of the grounds specified in sub-sec (1) of sec 13, and in the case of wife also on any of the grounds
specified in sub-sec (2) thereof, as grounds on which a petition for divorce might have been presented.
2 Nullity of marriage under sec 12 (1) (c), voidable marriages, that the consent of the petitioner, or
where the consent of the guardian in marriage of the petitioner was required under sec 5 as it stood
immediately before the commencement of the Child Marriage Restraint Act, 1978, the consent of such
guardian was obtained by force or by fraud as to the nature of the ceremony or as to any material fact or
circumstance concerning the respondent.
3 Divorce, under sec 13 of Hindu Marriage Act 1955- Any marriage solemnized, whether before or
after the commencement of this Act may, on a petition presented by either the husband or the wife, be
dissolved by a decree of divorce on the ground that the other, (c) has been incurably of unsound mind, or
has been suffering continuously or intermittently from mental disorder of such a kind and to such an
extent that the petitioner cannot reasonably be expected to live with the respondent.
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STATEMENT OF FACTS
1.
2.
3.
4.
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QUESTIONS PRESENTED
I.
WHETHER THE RESPONDENT WAS OF UNSOUND MIND AND THE CONSENT OF THE
MARRIAGE WAS OBTAIN BY FRAUD?
II.
WHETHER THE APPELLANT CAN CLAIM JUDICIAL SEPARATION?
III.
WHETHER THE RESPONDENT WAS ACTUALLY THE PATIENT OF SCHIZOPHERNIA AS
APPELLANT CLAIM?
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SUMMARY OF ARGUMENTS
1. There was no fraud from the side of the respondent because the
petitioner had decided to marry the respondent after fully considering the
facts.
2. The appleant can not claim judicial seperation because there was not
condonation of curetly from husband side therefore divorce suit is not
maintainable.
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ARGUMENTS ADVANCED
ISSUE 1: WHETHER
Section 12 of Indian Contract Act, 1872 tells us what a sound mind for
entering into a contract is. It lays down that, "A person is said to be of sound
mind for the purpose of making a contract if, at the time when he makes it he is
capable of understanding it and of forming a rational judgment as to its
effects upon his interest."
At the time of consent of the marriage, the respondent was of sound mind, and
was always of sound mind, even the doctors of Yervada Mental Hospital said
that the respondent was of sound mind, so therefore we can conclude from the
inferences respondent was of sound mind, and had no mental problems there
on.
The respondent was of sound mind, as when she was treated for sunstroke, at
Yeravada Mental Hospital, the doctors said she was of sound mind, and
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therefore she was cured of sunstroke and malaria, and sunstroke is not a
communicable disease, and it is curable in India, even malaria is not a
communicable disease and has no side effects on brain and heart.
FRAUD:
Fraud consists of some deceitful practice or willful device, resorted to with
intent to deprive another of his right, or in some manner to do him an injury.
As distinguished from negligence, it is always positive, intentional.
Fraud in this case means obtaining consent, by giving some false or wrong
information which never existed to other party for some positive good. The
respondent father and the respondent had not committed fraud, and moreover
the consent was obtained by free, where the appellant and his father have
considered in that respect
The consent of the marriage was not obtained by fraud, as respondents father
had sent two letters to appellants father, in first one it was stated, that the
respondent had a bad attack of sunstroke which affected her mental condition
for some time. In second letter it was stated which was send after two day gap,
in which cerebral malaria was mentioned as an additional reason for mental
affection, it also stated that she was cured at the Yeravada Mental Hosptital,
and she is cured now, the appellant agreed and gave a positive consent to that.
The father of the respondent asked appellants father, if necessary to discuss
the matter with the doctors of the hospital or Dr. P.L Deshmukh.
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Further from this we can infer that, as there was cruelty from the respondent,
but there was condonation from cruelty from the appellant, so we can conclude
that the divorce suit was not maintainable.
Page 26 of file which was the history sheet of the respondent maintained in the
Yerawada mental hospital where the word schizo was recorded by Dr.
Mujawar which was not sufficient to show that the respondent was in fact
suffering from schizophrenia.
And Dr. Kelkar of the mental hospital also admits that when a person moves in
society as well dressed passes examination and is in the government service
that person cannot be called as a patient of schizophrenia .she has also passed
M.A. in feb1964 and she is now in the employment of the central government
service so these facts leads that the claim of appellant was wrong.
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PRAYER
For the foregoing reasons respondent respectfully request this Honble court to:
As there was no fraud on part of the respondent, and it is therewith
proved
that
respondent
was
not
of
unsound
mind,
there
was
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