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Respondent 1 filed “Affidavit of Consent” for quashing the proceedings and stated in her Affidavit that at the time of filing of the FIR, she did not know that the petitioner was suffering from mental disease and ailment (FTLD).
A quick legal roundup to cover important stories from all High Courts this week.
Section 21(4) of Mental Healthcare Act provides that every insurer shall make provision for medical insurance for treatment of mental illness on the same basis as is provided for physical illness.
“The marriage between the parties becomes a fiction though supported by a legal tie. By refusing to sever that tie, the law in such cases, does not serve the sanctity of marriage; on the contrary, it shows scant regard for the feelings and emotions of the parties”
by Ravi Shankar* and Akanksha Natesan**
“Section 115 of the Mental Healthcare Act, 2017 raises a statutory presumption that any person who attempts to commit suicide shall be presumed to have severe stress and shall not be tried and punished under the Penal Code, 1860.”
“In an organisation like CRPF, which is India’s largest paramilitary Force, a member with a mental condition cannot be expected to perform his duties with utmost commitment and discipline.”
The Court passed no further orders considering the information provided in the Status Report and the measures taken by the authorities concerned towards the implementation of the Mental Healthcare Act, 2017.
“The Mental Healthcare Act, 2017 is a special Act and by virtue of Section 120 of the said Act, the same has been given an overriding effect with respect to any other law for the time being in force.”
by Aditi Sharma† and Vatsal Singh††
Cite as: 2023 SCC OnLine Blog Exp 37
Madras High Court: G.R. Swaminathan, J., held that the persons suffering from mental retardation or mental illness are entitled to have the
Kerala High Court: In an interesting case the Division Bench of A.Muhamed Mustaque and C.R. Sophy Thomas, JJ., held that not taking
Delhi High Court: The Division Bench of Vipin Sanghi and Sanjeev Narula, JJ., decided a matter while reasoning out on why a
As reported by PTI, One of the Convicts in the Nirbhaya Case named Vinay filed a petition seeking medical treatment. For the
Uttaranchal High Court: A Division Bench of Alok Singh and Ravindra Maithani, JJ. entertained an appeal filed by the appellant-wife who challenged
Supreme Court: The 3-judge bench of NV Ramana, MM Shantanagoudar and Indira Banerjee, JJ held “it needs to be understood that prisoners