sec- - ond opinion regarding alleged disease

AIR 2009 KARNATAKA 61

Smt. N. Rukmini v. P. Puttaswami. 

W. P. No. 13643 of 2008.

D/-27-11-2008.

Hindu Marriage Act (25 of 1955), S. 13, Civil P. C. (5 of 1908), O. 26, R. 10A- Divorce petition - - Ground that wife was suffering from disease 'Paranoid Schizo- phrenia' Application by wife for sec- - ond opinion regarding alleged disease Rejected on ground that psychiatrist who examined petitioner was working since 25 years and was a qualified person also no personal allegation was made against him by wife Issue is of serious nature and - has bearing on divorce petition also fu- ture and career of wife who was a woman constable would be jeopardized - Rejection of application, is erroneous - Fur- ther held, that disease alleged is one of ground for divorce under the Act but not the only ground for divorce -Hence considered welfare of her children and seriousness of disease wife can be allowed get herself examined and to take second opinion (Paras 4 & 5)