Marriage annulment on mental illness: Is pleading enough without proof? Jharkhand High Court answers
The Court emphasised on a settled law that pleading is not a substitute for proof and facts pleaded, if not proved, are of no consequence.
unsoundness of mind
Delhi High Court: Blind discharge of accused with mental disabilities cannot be permitted; proper and informed judicial assessment essential
“Section 330(3) of CrPC mandates the Court to carefully consider the nature of the act committed, assess the degree of the mental condition, seek medical opinion, and then, only upon being satisfied, release the accused with adequate safeguards or refer him to a designated facility equipped to provide necessary care and rehabilitation.”
Allahabad HC grants divorce to couple living separately for over a decade; Cites continuous mental cruelty by wife
“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”
Dissolution as the Resolution: Use of Section 13-B of the Hindu Marriage Act, 1955 in Appellate Jurisdiction(s)
by Ravi Shankar* and Akanksha Natesan**
Kerala High Court directs sensitizing Police Officers for effective compliance of Mental Healthcare Act 2017
Kerala High Court said that a fair and impartial trial is an insegregable facet of Article 21 which aims that the accused is not prejudiced, injustice is ostracised and fairness is not hampered in the interest of the accused, victim and society.
When evidence unambiguously proves the guilt, absence of motive cannot weaken the conclusions: Supreme Court
The Supreme Court refused to grant the benefit of General Exception of unsoundness of mind under IPC in favour of the appellant, since he failed to discharge his burden of proof.
Ker HC | In divorce petition under S. 13(1)(iii) of HMA, can Court order a party to appear before medical board for assessment of mental condition? Court discusses
Kerala High Court: The Division Bench of A. Muhamed Mustaque and Kauser Edappagath, JJ., held that to get a decree of divorce
Murder convict acquitted on grounds of insanity at the time of commission of the act
Supreme Court: Navin Sinha, J. speaking for himself and A.M. Khanwilkar, J. delivered a decision in a criminal appeal wherein the appellant,