Patna High Court Dismisses Husband’s Divorce Petition Over Wife’s Alleged Mental Illness

A mere allegation that the spouse is having a mental illness is not sufficient ground for a divorce, according to a recent ruling by the Patna High Court. The court stated that such a claim can only be valid if there is substantial evidence proving that the individual is suffering from a mental illness that makes it impossible for the couple to live together.

As per the Live Law report, the court highlighted that allegations related to mental illness should not be used without substantial evidence. The order makes it clear that the responsibility to prove the illness lies on the person invoking mental illness as the ground for divorce.

However, it is essential to note that all mental illnesses are not so severe that a person cannot live with such a person.

The court referred to Section 13(1) (ia), (ib), or (iii) of the Hindu Marriage Act, 1955, to highlight that mere allegation of cruelty due to a mental illness is vague until backed by proofs and cannot be the ground for divorce.

“Section 13(1)(iii) of the Act does not make mere existence of a mental disorder of any degree sufficient in law to justify dissolution of marriage. The contents in which the ideas of unsoundness of mind and mental disorder occur in section as ground for dissolution of a marriage, require assessment of degree of mental disorder and its degree must be such that spouse seeking relief cannot reasonably be expected to live with the other. All mental abnormalities are not recognized as grounds for the grant of decree. The burden of proof of existence of requisite degree of mental disorder is on the spouse who bases his or her claim on such a medical condition”, observed the division bench comprising Justice Sunil Dutta Mishra and Justice P. B. Bajanthri.

Background Of The Case:

The couple married in 2005. Since 2006, they have been living separately. The husband filed a divorce petition in 2010. In 2018, the Nawada Family Court ruled against the husband denied his request for divorce. He then appealed in the Patna High Court against the family court's ruling. However, the high court also upheld the family court's ruling. 

According to the husband, he observed some abnormal behaviour in the wife after a few months of marriage, and when consulted with doctors, she was diagnosed with schizophrenia.

Note that schizophrenia is a mental illness that affects how a person thinks, perceives reality, expresses emotions, interacts, and acts.

In the petition, the husband accused his wife of attacking him physically and leaving the matrimonial home after one year of marriage. He also claimed that the wife had a permanent disability in her leg and that she had agreed to divorce and even executed documents in her handwriting.    

In response to the allegations, the wife’s side argued that she has not executed any such document for divorce and that she does not have any mental illness and never sought medical help in this regard.

High Court Judgement:

The family court dismissed the husband’s plea for divorce, which made cruelty, desertion, and mental illness the grounds for divorce, due to the absence of any medical evidence to back the claims of mental illness.

The division bench also observed a lack of evidence to substantiate the husband’s claim.

The court held, “The appellant did not produce the medical documentary and oral evidence of the doctor who is treating schizophrenia of the respondent-wife. Also, the appellant-husband has also failed to prove the defect in leg of the respondent as she freely moved before learned Family Court. In this way, all the allegations made by the appellant in the divorce petition lacks ingredients of Section 13(1) (ia) and (ib) of the Act”.

The high court upheld the Family Court’s decision and denied divorce to the petitioner.