Court : Andhra Pradesh
Reported in : 2002(1)ALD48; 2002(1)ALT181
..... authority of law and the rent controller ought not to have entertained the petition at all; and (b) that on his own showing, the respondent was suffering from epilepsy and in view of the provisions of section 2 of the mental ill-health act, 1987, he was not entitled to be represented by the gpa. ..... . even assuming that there is a provision in the said mental ill-health act which disabled a person suffering from a particular ailment from initiating the proceedings through agent, the person taking a plea on the basis of the same has to make a definite averment in the pleadings, adduce ..... . it is also not shown as to which provision of the mental ill-health act debars a person with the ailment of epilepsy from prosecuting the proceedings through an agent .....
Tag this Judgment!Court : Mumbai
Reported in : (2008)110BOMLR3586
..... (1), the magistrate may pass a reception order authorising the detention of the said person as an inpatient in a psychiatric hospital or psychiatric nursing home,(a) if the medical officer certifies such person to be a mentally ill person, and(b) if the magistrate is satisfied that the said person is a mentally ill person and that in the interests of the health and personal safety of that person or for the protection of others, it is necessary to pass such order.provided that any relative or friend of the ..... the petitioner no.1 was incapable of taking care of herself;3) there was no material also to suggest that there was any reason for the police officer to believe that petitioner no.1's presence was dangerous by reason of her mental illness;4) the record does not show that the grounds of taking into protection were communicated to the petitioner no.1 or her mother, the petitioner no.2 herein.therefore, the taking petitioner no.1 into protection under section 23 of the ..... mentally ill person desires that the mentally ill person be sent to any particular licensed psychiatric hospital or licensed psychiatric nursing home for treatment therein and undertakes in writing to the satisfaction of the magistrate to pay the cost of maintenance of the mentally ill person in such hospital or nursing home, the magistrate shall, if the medical officer in charge of such hospital or .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1991MP205; I(1992)DMC96; 1991(0)MPLJ625
..... evidence on record, but before doing so one thing has to be further made clear that a degree of mental illness sufficient for grant of a decree of divorce may not be the same for nullifying a marriage under section 12 of the act, the reason being obvious, that nullification or avoidance of marriage at the first available opportunity on the ground of mental illness of the other party is with a purpose to permit the aggrieved party to rejet as unfit the other ..... criticised by commenting that it was most unlikely that if he knew that the wife suffered from mental illness of schizophrenia, he would not have disclosed the same to the husband with whom he ..... marriage partner who is disqualified at the time of marriage compared to the above seeking of relief of divorce on the ground of mental unfitness may be on the basis of a subsequent event of the opposite party developing unsoundness of mind or mental ill health after the marriage and the degree of mental condition should be that the ..... patients in marriage relationship is concerned, indian courts including the supreme court have been taking assistance from the english decisions because the provision for a decree of nullity or divorce on the ground of mental illness or disorder obtaining in our act is comparable to the provisions contained in matrimonial causes act, 1950, applicable in england .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : (2009)156PLR489
..... while adopting a holistic approach in interpreting the 1971 act, we have also kept in view the fact that the 1995 act though defines 'mental illness' and 'mental retardation' separately and distinctly, nevertheless both have been clubbed together for the purposes of state's endeavour for their education, employment, affirmative actions and ..... section 2 [i], [q], [r] defines 'disability', 'mental illness' and 'mental retardation' to the following effect:2[i] 'disability' means - [i] blindness; [ii] low vision; [iii] leprosy-cured; [iv] hearing impairment; [v] locomotor disability; [vi] mental retardation; [vii] mental illness;[q] 'mental illness' means any mental disorder other than mental retardation;[r] 'mental retardation' means a condition of arrested or incomplete development of mind of a person which is specially characterised by subnormality ..... and objects coupled with various provisions of the 1995 and 1999 acts have also been relied upon to urge that in the wider category of 'disabled persons', the persons suffering from 'mental retardation' or 'mental illness' - both have been included and treated at par, especially in the context of appointment of a guardian under section 14 of the 1999 act.19. ..... also been laid on 25 principles adopted by the general assembly of the united nations for the protection of persons with mental illness and for improvement of mental healthcare, with a special reference to the following clauses:principal 1: fundamental freedoms and basic rights:6. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1988SC2260; JT1988(3)SC621; 1988(2)SCALE670; (1988)4SCC247; [1988]Supp2SCR913; 1989(1)LC174(SC)
..... the other party-(i))(ii))omitted as unnecessary(iii) 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.explanation: in this clause,(a) the expression mental disorder means mental illness, arrested or incomplete development of mind, psychopathic disorder or any other disorder or disability of mind and includes schizophrenia; ..... literature on 'schizophrenia' and felt persuaded to the view that having regard to the various kinds of schizophrenia or rather the various ways in which that mental illness is known to manifest itself, it would be necessary for the appellant to go further and establish the degree and severity of the mental illness which would alone satisfy the requirement of the ground for dissolution of marriage envisaged in section 13(1)(iii) of the act. ..... prevent my students from using them, although the latter effort is almost futile once the psychiatrist discovers how conveniently ambiguous these terms really are....in general, we hold that mental illness should be thought and spoken of less in terms of disease entities than in terms of personality disorganization ..... in substance, the high court held that appellant had not shown that the mental-illness of the wife was of such a kind and intensity as to justify a reasonable apprehension that it would not be possible or safe for appellant to live with the .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2010SC235; 2010(2)BomCR472; JT2009(11)SC409; (2009)8MLJ658(SC); 2009(11)SCALE813; (2009)9SCC1; 2009(9)LC4151(SC):2009AIRSCW5909:2009(5)LHSC3204.2009(12)Scale813
..... this distinction is apparent if one refers to section 2(i), (q) and (r) which define 'disability', 'mental illness' and 'mental retardation' in the following manner:2(i) 'disability' means - (i) blindness; (ii) low vision; (iii) leprosy-cured; (iv) hearing impairment; (v) locomotor disability; (vi) mental retardation; (vii) mental illness;2(q) 'mental illness' means any mental disorder other than mental retardation 2(r) 'mental retardation' means a condition of arrested or incomplete development of mind of a person which is specially characterised by ..... 3(4)(a) lays down that when the pregnant woman is below eighteen years of age or is a 'mentally ill' person, the pregnancy can be terminated if the guardian of the pregnant woman gives consent for ..... points to the blurring of these distinctions and uses this to support its conclusion that 'mentally ill' persons and those suffering from 'mental retardation' ought to be treated similarly under the mtp act, 1971. ..... of a woman who has not attained the age of eighteen years, or, who, having attained the age of eighteen years, is a mentally ill person, shall be terminated except with the consent in writing of her guardian. ..... amended section 2(b) of the mtp act, where the erstwhile definition of the word 'lunatic' was replaced by the definition of the expression 'mentally ill person' which reads as follows:2(b) 'mentally ill person' means a person who is in need of treatment by reason of any mental disorder other than mental retardation. 14. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : I(1996)DMC90; 1996(0)MPLJ42
..... alienation of the mind' despite its disagreeable implication that mentally ill patients were a race apart, certainly owed something of its force to just this characteristic of mental illness in general: that the mentally ill person is separated from common experience and appreciation of external reality, and to a greater or lesser degree, is compelled by his illness to live in a world different from that inhabited by his fellow men.mental health is assumed to be normal: mental illness to be abnormal; but there is no definite dividing ..... xxx xxx xxx xxx xxx(iii) 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.explanation- in this clause,-(a) the expression 'mental disorder' means mental illness, arrested or incomplete development of mind, psychopathic disorder or any other disorder or disability of mind and includes schizophrnia;(b) the ..... line between one and the other; and one may pass imperceptibly into the other in the other in the development of the illness which ultimately disables the patient and thereby nulifies or modifies individual legal responsibility .....
Tag this Judgment!Court : Kerala
Reported in : I(2002)DMC541
..... therefore, it is clear that the contention of the petitioner that the respondent and her relations deliberately concealed the fact that the respondent was suffering from mental illness before the marriage and obtained his consent for the marriage by playing deliberate fraud upon him is not sustainable since the evidence on record does not reveal that there was ..... only go to show that the respondent was suffering from only a mild form of mental illness and the doctor has prescribed only a small maintenance doze of medicines from 1994 onwards.9 ..... she further contended that she is not suffering from any mental illness and there was no mental illness before or at the time of marriage, so as to enable the petitioner to claim nullity ..... respondent has contended that she is hot suffering from any mental illness and she has suffered a mild mental depression, when she did not succeed in getting an employment ..... 1 and 3 also establish that the petitioner was not suffering from any sort of mental illness entitling the petitioner for decree of nullity of marriage with the respondent under s. ..... the evidence regarding mental illness of the respondent adduced through pw1, pw4 and pw5 only go to show that the respondent was suffering from mild mental illness from the year 1993 ..... after reaching the native place, it was confirmed by consulting the doctors that the respondent was suffering from mental illness and she was undergoing continuous treatment for the illness before and at the time of marriage. .....
Tag this Judgment!Court : Kerala
Reported in : AIR1999Ker25; II(1999)DMC238
..... claims that he knew that the mother of the respondent is suffering from mental illness, even though he has hot talked to her. ..... according to him, the 1st respondent was mentally ill and she was undergone treatment after her marriage ..... therefore, even in such cases of incurable mental illness of a spouse after the marriage no decree for dissolution of the marriage could be ..... sivaramakrishnan informed him that the mental illness of the 1st respondent cannot be fully cured, since the other members of the family of' the 1st respondent are also suffering from the same ..... learned single judge on appreciation of the entire evidence in the case came to the conclusion that after marriage the 1st respondent was treated for mental illness and did not accept the case put forward by the 1st respondent that the high dose of medicines prescribed by pw 4 resulted in her mental illness. ..... months thereafter he made enquiries and came to know that she was taking medicines for mental illness prior to the marriage. ..... was no material produced by the petitioner which would show that the 1st respondent was under treatment for mental illness before her marriage. ..... is not even a suggestion by any of the other witnesses including pw 1 that a mere appearance of the 1st respondent's mother would show that she is a mentally ill person. ..... evidence of pw 2 would clearly show that before the marriage the 1st respondent was behaving normally and nobody had occasion to suspect that the 1st respondent was a mentally ill person.13. .....
Tag this Judgment!Court : Karnataka
Reported in : 2007(1)KarLJ342
..... now, the question would be, whether the concealment about the treatment taken for bipolar disease which is a mental illness and is controllable and treatable and in some cases curable, would amount to obtaining the consent of the petitioner by fraud as to any material fact concerning the respondent-wife, so as to attract the provisions of section 12(1)(c) of the ..... these pleadings, the learned family court judge has framed the necessary issues and on consideration of the evidence on record adduced by the parties, has come to the conclusion, that, the respondent was suffering from mental disorder/bipolar disease even earlier to her marriage with the petitioner which was solemnised on 8.3.1992 and without disclosing her serious ailment, the respondent and her family members have committed fraud and ..... has also stated, that she did suffer certain mental illness earlier to the marriage and the illness disappeared after taking proper treatment in a sophisticated hospital and further, she was advised by the medical experts to have periodical clinical check-ups, so that illness may not reoccur. ..... research made and published in the national institute of mental health publication gives out a positive hope that the bipolar disorder can be treated and people with this illness can lead full and productive lives ..... is also pleaded, that the respondent has not committed any fraud on the petitioner and he was well aware that she had taken some treatment for certain illness effecting her mental health. .....
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