Legal insanity and medical insanity

Querist : Anonymous (Querist) 09 October 2010 This query is : Resolved
Dear Experts,

Under hindu marriage act a very wide definition is provided for mental disorder.

There are pleading to the effect that the husband doesnt know the route for going back to home, didnt remember what food he ate and was sitting aloof in order to prove that he is not fit for marriage.

There is also further allegation that he had pre-marital love affair which he deliberately suppressed before marriage.

Aren't these two allegations and pleading inconsistent and mutually destructive. Inconsistent allegations of fact are prohibited under order 6 rule 7 of CPC.

Departure: No pleading shall, except by way of amendment, raise any new ground of claim or contain any allegation of fact inconsistent with the previous pleadings of the party pleading the same.

Based on the above prohibition can the allegation of mental disorder be struck out.

Please clarify.

Follow Query

Report Abuse

s.subramanian (Expert) 09 October 2010
They cannot be struck off the file. But it is open to the court consider the mutual conflict between those pleas and reject them on merits.

PALNITKAR V.V. (Expert) 09 October 2010
I agree with Shri. Subramanian. you have to fight the case on merits.

M/s. Y-not legal services (Expert) 09 October 2010
Me too, agree with mr.subramanian..

Khaleel Ahmed Mohammed (Expert) 09 October 2010
Mr.Subramanian well advised.

R.Ranganathan (Expert) 09 October 2010
I agree with Mr. S.Subramanian. Further I would like to add that, you are just taking out certain lines from the complaint filed against the husband and producing it for giving opinion. The relevancy of these pleadings in relation to the other pleadings have to be verified, to arrive at some conclusion before giving a proper opinion. One cannot just say that, both these pleadings given by you, are contradictory without reading the entire complaint. It is better as suggested by the experts, to prove your points in court on the merits of the case.