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Report No. 59

7.13. Section 13(1)(iii) unsoundness of mind-Recommendation.-

Section 13(1)(iii) of the Hindu Marriage Act deals with unsoundness of mind as a ground of divorce. The requirement is that one of the spouses should be incurably of unsound mind for a continuous period of not less than three years. We are of the view that the minimum period of three years, imposed on the right to seek divorce, is not reasonable. Unsoundness of mind, which is incurable, constitutes a situation wherein the parties can be hardly expected to share conjugal life together; and to insist on a minimum period is to demand a sacrifice which is unreasonable. The period should, therefore, be done away with.

Hindu Marriage Act, 1955 and Special Marriage Act, 1954 Back

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