PANKAJ MAHAJAN versus DIMPLE @ KAJAL

PANKAJ MAHAJAN versus DIMPLE @ KAJAL

The appellant-husband established and proved both grounds of cruelty and mental disorder (unsound mind) under Section 13 of the Hindu Marriage Act, 1955. Evidence from doctors, family members, and the appellant himself substantiated the respondent-wife’s incurable schizophrenia and behavior amounting to cruelty. Divorce is granted as the parties have lived separately for more than nine years with no possibility of reunion.

Parties
Appellant Husband: Pankaj Mahajan; Respondent Wife: Dimple @ Kajal
Jurisdiction
India
Judgment Date
30 September 2011
Procedural Posture
Civil Appeal / Supreme Court Decision on Appeal From High Court
Outcome
Appeal allowed; divorce granted.
Legal Topics
Divorce, Cruelty, Mental Disorder, Alimony
Family Law Divorce Cruelty Mental Disorder Alimony

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 2 Authorities cited 1 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Pankaj Mahajan

Appellant Husband

Dimple @ Kajal

Respondent Wife

Procedural Posture

Civil Appeal / Supreme Court Decision on Appeal From High Court

Legal Issues

  1. 1 Whether grounds of cruelty and incurable unsound mind were established for grant of divorce under Section 13 of the Hindu Marriage Act, 1955

Ratio Decidendi

The appellant-husband established and proved both grounds of cruelty and mental disorder (unsound mind) under Section 13 of the Hindu Marriage Act, 1955. Evidence from doctors, family members, and the appellant himself substantiated the respondent-wife’s incurable schizophrenia and behavior amounting to cruelty. Divorce is granted as the parties have lived separately for more than nine years with no possibility of reunion.

Court Disposition

Appeal allowed; divorce granted.

Orders

  • Decree of divorce granted dissolving marriage.
  • Appellant-husband directed to pay Rs. 2 lakhs as alimony to respondent-wife in two equal installments within three months.