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Head Note

The Hindu Marriage Act, 1955  - Section 13 (1) , The Indian Evidence Act, 1872  - Section 116

Adverse inference - Allegations by wife that her husband was not capable of performing matrimonial obligations - Husband refused to submit himself for medical examination - This would confirm the allegation - Court could draw adverse inference.

The Hindu Marriage Act, 1955  - Section 13 (1)

Cruelty - Husband not capable of performing matrimonial obligations - Marriage without sex is an anathema - Nothing is more fatal to marriage than disappointment in sexual intercourse - Divorce allowed. AIR 1973 Delhi 209 referred.

The Hindu Marriage Act, 1955  - Section 13 (1)

Humane grounds of - Divorce - (1) Wife young aged 24 years - Marriage not consummated as husband was not capable of performing matrimonial obligations. (2) Parties living separately for 13 years and fighting legal battle and crossed point of no return - Workable solutions not possible . (3) Husband not gainfully employed - Divorce allowed.

The Hindu Marriage Act, 1955  - Section 13 (1)

Mental disorder - Meaning of word "schizophrenia" explained - What is this disease and its causes and risks.

Topic(s)-Humane grounds of - Divorce , Adverse inference , Mental disorder , Schizophrenia

Important Decision(s)- 

• Husband not capable of performing matrimonial obligations - Marriage without sex is an anathema - Divorce allowed.
• Mental disorder - Meaning of word "schizophrenia" explained - What is this disease and its causes and risks.