Disposed

Sanjeet Kumar Singh @ Sanjeet Kumar v. the State of Bihar

Patna HC8 Jan 2010CR. MISC./38035/2009

Case brief

AI extract

What is this about?

This judgment addresses a matrimonial petition filed by the petitioner seeking dissolution of marriage on grounds of the wife\'s mental disability. The Court, finding insufficient medical evidence to substantiate the serious claim of psychopathic disorder, directed the lower court to secure the wife\'s appearance via police custody while prohibiting the petitioner\'s arrest during proceedings.

What did the court decide?

Directed lower court to secure wife\'s appearance via police custody; petitioner not to be arrested during proceedings until allegations verified.

Sanjeet Kumar Singh @ Sanjeet Kumar Vs the State of… — Matrimonial and Divorce | Patna HC (2010)

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IN THE HIGH COURT OF JUDICATURE AT PATNA
 Cr.Misc. No.38035 of 2009
 SANJEET KUMAR SINGH @ SANJEET KUMAR
 Versus
 THE STATE OF BIHAR
 -----------

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3. 8.1.2010 Heard.

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After about one year and five months
of the marriage of the petitioner to the
complainant, the petitioner preferred a
matrimonial petition seeking dissolution of
his marriage to the complainant before the
Principal Judge, Family Court, Vaishali at

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Hajipur. The ground which was taken by the

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petitioner and which has also been urged
before me during the course of hearing of the

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present petition is that the lady was

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suffering from some sort of mental disability

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or, in other words, insanity. It could be a

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ground for dissolution of the marriage as per

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Section 5 of the Hindu Marriage Act but it

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is very difficult to act upon the submission

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of the petitioner made before the Principal

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Judge in absence of any acceptable material,
specially, when the draft of the Matrimonial
Petition brands the lady as a person
suffering from psychopathic disorder which,

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to me, is a very serious mental disorder
which could not be acceptable to any court
without any valid medical check up by some
organized institutions or experts. Whether it
is a truth or it is simply a ploy to crate a
ground for dissolving the marriage is not yet
known to the courts inasmuch as there is no
order placed before me that indeed the lady
suffers from any of the disabilities or
mental illness.

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In that view, I direct the court
below to secure the appearance of the lady
before it by drawing up an order in that
behalf in Mahua P.S. Case No. 161 of 2009 and
direct the Investigating Officer of the case
to produce the lady before it on a
particular date with her father or any close
relative. The petitioner shall consistently
obtain an information from the office of the
Chief Judicial Magistrate, Vaishali at
Hajipur about the issuance of notice and
shall appear before the court below and
during that course when the court sits with
the lady for verifying the factual

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correctness of the averment of the petitioner

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in his Matrimonial Petition, the petitioner
shall not be arrested. If the court finds
that the lady does not suffer from any
disorder as claimed by the petitioner, then

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it shall act as per law, may be by remanding
the petitioner to custody also, else, on
being satisfied about the ground taken by the
petitioner, the court below shall admit the
petitioner to bail on furnishing bond to its
own satisfaction.

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The petition stands disposed of with

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the above observations/ directions.

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Let this order be communicated to
the Chief Judicial Magistrate, Vaishali,

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Hajipur in the above noted case through fax
at the cost of the petitioner.

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( Dharnidhar Jha, J.)
 Kanth

Sanjeet Kumar Singh @ Sanjeet Kumar v. the State of Bihar

Case brief

What is this about?

What did the court decide?

Sanjeet Kumar Singh @ Sanjeet Kumar v. the State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

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