Indian Penal Code, 1860, Section 302, 84 -- Murder - Plea of insanity - Evidence on record proves that accused was suffering from disease of Schizophrenia not only before the incident, but also at the time of incident as also subsequent to incident and thus entitling him to benefit of exception carved out in S.84 IPC - Burden of proving existence of circumstances bringing..........
Hindu Marriage Act, 1955, Section 13(1)(iii) -- Divorce - Mental disorder of wife - Wife suffering from Schizophrenia which is kept under control with regular medication - Her situation was not out of control situation - During her symptoms also wife was not wild not offensive or harmful - Even wife was MCA graduate and was employed prior to her marriage - In case of any..........
Indian Penal Code, 1860, Section 302, 84 -- Murder of son by mother - Plea of insanity - Accused was suffering from mental disorder, which is supported by FIR - Evidence on record shows that accused was admitted in hospital for treatment and remained there for more than six months - Doctor's report shows that accused was suffering from schizophrenia at time of occurrence -..........
Indian Penal Code, 1860, Section 302 -- Murder - Circumstantial evidence - Deceased suffering from acute schizophrenia - Cause of death was head injury which proved fatal, caused due to sudden fall - Accused took a specific defence that since deceased was mentally ill she sustained injuries on her head by herself - Prosecution failed to prove that accused committed alleged..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Interim maintenance @ Rs.1500 p.m awarded to wife - Husband pleaded that he was removed from service of army on account of schizophrenia disease, thus he is unable to pay amount of interim maintenance - Plea rejected, as amount granted by Court below as maintenance cannot be said to be excessive and appears to be..........
Hindu Marriage Act, 1955, Section 13(1)(iii), 9 -- Divorce - Husband seeking divorce on the ground that wife is suffering from "schizophrenia" - Wife seeking restitution of conjugal rights - Report of team of doctors that wife though suffering from `illness of schizophrenic type', does not show symptoms of psychotic illness at present and has responded well to the..........
Indian Penal Code, 1860, Section 84, 302 -- Murder - Plea of insanity - As per medical evidence accused was suffering from Paranoid Schizophrenia and remained under treatment for about a month - Accused committed the murder 3 months after treatment - No material to show that after treatment accused was suffering from said disease - Accused failed to prove plea of insanity..........
Hindu Marriage Act, 1955, Section 13(1)(iii) -- Divorce petition by husband on ground of `unsound mind' of wife which alleged to be incurable - Husband examined four doctors - All the four doctors/Psychiatrists who treated the wife prescribed medicines and expressed the view that it is 'incurable' - Even wife and her father admitted in cross examination that wife had taken..........
Pension Regulations for the Army, 1961, Regulation 173 -- Disability pension - Case of Schizophrenia - 295 - Boarded out with 100% disability - Developed problem after 7 years of joining of service - Not recorded by the Medical Board that a disease could not be detected at the time of petitioner's entry in service - Respondent directed to work out the disability pension..........
Hindu Marriage Act, 1955, Section 13 -- Divorce - Wife alleged to be suffering from `Paranoid Schizophrenia' - Wife seeking second opinion regarding alleged disease - Rejection of application of wife on the ground that psychiatrist who examined her was working since 25 years and was a qualified person and that there is no personal allegation against him - Held, issue is of..........
