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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