DIVORCE LAW
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way. Where this ground is taken for dissolution of<br />
marriage, the said ground must be proved by<br />
cogent and clear evidence beyond reasonable<br />
doubt so as to satisfy the court. Eccentricities do<br />
not constitute psychopathic disorder or any other<br />
kind of mental disorder. See Pankaj Mahajan<br />
v. Dimple@ kajal (2011) 12 SCC 1.<br />
Leprosy – In case of a „virulent and incurable‟ form of<br />
leprosy, a petition can be filed by the other spouse<br />
based on this ground. A petition for divorce may be<br />
presented by either party to the marriage on the<br />
ground that the respondent has been suffering from<br />
a virulent and incurable leprosy. Virulent means<br />
malignant or venomous. The onus to prove the<br />
ingredients of cl. (iv) of s. 13(1) is on the petitioner.<br />
When it is not disputed that the respondent has<br />
been suffering from leprosy, the onus is on the<br />
petitioner to establish that the leprosy is virulent<br />
and incurable. A spouse cannot be compelled to live<br />
with the other spouse who is suffering from an<br />
aggravated form of leprosy and who can give the<br />
petitioner and children leprosy almost any moment<br />
in their daily life. Thus the Legislature by a statute<br />
has given an aggrieved spouse a way of relief. See<br />
Divorce Law – An Overview
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