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2024-Nov-15
Allahabad High Court- Existence of Mental Disorder is not a sufficient ground for seeking divorce. Seriousness of illness ought to be proved by the spouse
"Section 13 (1) (iii) of H.M. Act does not make mere existence of a mental disorder of any degree sufficient in law to justify dissolution of a marriage. The contest 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."
"The law provides that a spouse in order to prove a ground of divorce on the ground of mental illness, ought to prove that the spouse is suffering from a serious case of schizophrenia which must also be supported by medical reports and proved by cogent evidence before Court that disease is of such a kind and degree that husband cannot reasonably be expected to live with wife,”
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