or the wife, be dissolved by a decree of divorce on the ground that the other partyand (ii) omitted as unnecessary. (iii) has been incurably of unsound mind, or has been suffering from 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, 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." Omitted as unnecessary. 10. The context in which the idea of unsoundness of 'mind' and 'mental disorder' occur in the section as grounds for dissolution of a marriage, require the assessment of the degree of 'mental-disorder'. Its degree must be such as that the spouse seeking relief cannot reasonably be expected to live with the other. All mental abnormalities are not recognized as grounds for grant of decree. If the mere existence of any degree of mental abnormality could justify dissolution of a marriage few marriages would, indeed, survive in law. " 76. It also appears that this Court was not apprised of the fact that the opinion of the Supreme Court of India in the case of Amrit Bhushan was revisited by a three Judge Bench in the case of Shatrughan Chauhan and another v. Union of India and others25 which was followed by a larger (four Judge) Bench in the case of Navneet Kaur v. State (NCT of Delhi) and another26. These judgments were further relied upon in the case of 'X' v. The State of Maharashtra27 where the Court was called upon to decide how culpability should be assessed for sentencing those with mental illness and whether treatment is better suited than punishment. The following observation of the Supreme Court of India in the case of Accused 'X' merits to be once again cited being relevant to the questions posed before this Court:"68. In line with the above discussion, we note that there appear to be no set disorders/disabilities for evaluating the severe mental illness, however a test of severity can be a guiding factor for recognizing those mental illness which qualify for an exemption. Therefore, the test envisaged herein predicates that the offender needs to have a severe mental illness or disability, which simply means that a medical professional would objectively consider the illness to be most serious so that he cannot understand or comprehend the nature and purpose behind the imposition of such punishment. These disorders generally include schizophrenia, other serious psychotic disorders, and dissociative disorders with schizophrenia." 77. Since we have already allowed the review petition filed by the State in the case of Imdad Ali by converting his sentence of death into imprisonment for life, so

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