Allahabad HC Observed mere existence of mental disorder of any degree is not sufficient to seek divorce in HMA

Last Updated on November 16, 2024 by NewsDesk SLC

The Allahabad High Court recently observed that the mere existence of mental disorder of any degree is not sufficient in law to justify annulment of a marriage under the Hindu Marriage Act (HMA). Section 13(1)(iii) of the HMA provides that either spouse may apply for a divorce if the other spouse is unsound or suffering from a mental disorder. Bench of Justice Ranjan Roy and Justice Om Prakash Shukla

“The provision of Section 13(1)(iii) of the H.M. Act does not make the mere existence of a disorder of any degree legally sufficient to justify the divorce of a marriage. A contest in which the ideas of mental disorder and mental disorder in part appear as grounds for the dissolution of a marriage require consideration of the degree of mental the impairment and its degree must be such that the spouse requesting assistance cannot reasonably be expected to live with the other.” He also stated that not all mental abnormalities are considered grounds for divorce,

 additionally

                “The medical concern against the too rapid reduction of a person to a functional non-entity and as a negative unit in the family or society is also a concern of the law and is reflected at least partially in the requirements of Section 13 (1) (iii) The disintegration of the personality that characterizes schizophrenia can be of varying degrees and that not all schizophrenics are characterized by the same intensity of illness.’

The court heard the husband’s appeal against the rejection of his divorce application by the family court. One of the main grounds for the lawsuit was that his wife suffered from schizophrenia. In a lawsuit filed in 2011, he claimed that he was not told about the disease before the wedding, which took place in 2003. The husband further claimed that the disease reduced his wife’s fertility to zero and would end the family. However, the court noted that only a spouse suffering from schizophrenia is not enough to file for divorce, as he may have varying degrees of mental illness. “The law states that in order to establish grounds for divorce on the grounds of mental illness, the spouse must prove that the spouse is suffering from a severe case of schizophrenia, which must also be supported by medical reports and proven by convincing evidence in court.

A judgment that the illness is of such a nature and degree that the husband cannot reasonably be expected to live with the wife,” he explained. She noted the family court’s finding that the husband had failed to prove the severity and degree of the illness. It was found that he merely recorded the fact of her long treatment.

“This Court has no hesitation in accepting the findings and approach of the learned Family Court which appears to be valid and practical. Although the complainant/husband was able to prove that the respondent/wife suffers from schizophrenia, he did not prove that it was an illness of such a type and degree that it could be accepted for the dissolution of the marriage in the sense of Section 13 para. 1 (iii) H.M. Act,” it said.

 However, because the court also found that the spouses had been living apart for more than ten years, it proceeded to break up the marriage. The relief was given mainly in view of the fact that the wife did not stay in the matrimonial home for more than 6-7 days after the marriage. Since the wife also chose not to contest the appeal, the court said this was indicative of her unwillingness to live with him.

 “The feeling of deep anxiety, disappointment, frustration caused by the long-term actions of the respondent can also lead to psychological cruelty and a long period of continuous separation, i.e. more than ten years, proves that the marital bond is irreparable,” it said.

The court ruled that by refusing to annul the union in such cases, the law does not serve the sanctity of marriage. “On the contrary, it has little respect for the feelings and emotions of the parties involved. In such a situation, it can also lead to psychological cruelty,” it added, and at the same time granted the husband a divorce due to his wife’s arbitrary departure.