Mere Existence Of Mental Disorder Is Insufficient To Dissolve Marriage: Jharkhand High Court

The Jharkhand High Court has held that the mere existence of a mental disorder, irrespective of its degree, is insufficient to justify dissolution of marriage under Section 13(1)(iii) of the Hindu Marriage Act, 1955. The Court observed that the disorder must be of such a nature and extent that the petitioner cannot reasonably be expected to live with the spouse.

A Division Bench of Justice Sujit Narayan Prasad and Justice Pradeep Kumar Srivastava dismissed an appeal filed by a husband against the Family Court's refusal to grant divorce on the grounds of cruelty and mental disorder.

The parties were married on June 22, 2017. The husband alleged that he discovered on the first night of marriage that the wife suffered from a chronic and incurable mental disorder and was unable to maintain a marital relationship. He claimed that the marriage was not consummated and that the wife's family had concealed her condition before marriage.

The wife denied suffering from any mental illness. She alleged that she was subjected to cruelty and harassment by the husband and his family over demands for a four-wheeler and maintained that she was willing to continue the marriage. The Family Court dismissed the husband's petition under Sections 13(1)(i-a) and 13(1)(iii) of the Hindu Marriage Act. He thereafter approached the High Court in appeal.

On the allegation of cruelty, the Division Bench observed that cruelty is not confined to physical violence and may include conduct causing such mental pain or anguish that cohabitation becomes insupportable. However, its determination depends upon the facts and circumstances of each case.

The Court noted that the husband had not alleged in his testimony that the wife abused or assaulted him or his family members after marriage. His principal allegation was that the marriage had not been consummated due to her alleged mental disorder, but no cogent evidence was produced to substantiate this claim. The Bench held:

“There is no cogent or reliable evidence on record to establish that the respondent/wife committed cruelty upon the appellant/husband.”

Turning to Section 13(1)(iii), the Court observed that the provision contemplates two distinct grounds: incurable unsoundness of mind, and a mental disorder of such a kind and extent that the petitioner cannot reasonably be expected to live with the respondent. It held that the burden of proving the alleged mental condition lies upon the spouse seeking divorce and that such a condition ordinarily requires expert evidence. The Court observed:

“The ideas of unsoundness of 'mind' and 'mental disorder' occur in the section as grounds for dissolution of a marriage, require the assessment of the degree of the 'mental disorder'. Its degree must be such that the spouse seeking relief cannot reasonably be expected to live with the other.”

It further held:

“All mental abnormalities are not recognized as grounds for grant of decree. If the mere existence of any degree of mental abnormality could justify dissolution of a marriage, few marriages would, indeed, survive in law.”

The Bench clarified that even psychiatric opinion is not conclusive and must be assessed along with the doctor's examination records, symptoms noted, treatment history, follow-up and other evidence concerning the spouse's behaviour.

Finding that the husband had failed to prove either cruelty or a mental disorder satisfying the statutory threshold, the Court upheld the Family Court's judgment and dismissed the appeal.

Case Title: AP v. NK

Case Number: First Appeal No. 165 of 2023.

Appearance: Mr. Ashish Kumar for the Appellant. Mr. Priyanshu Nilesh, Mr. Rahul Dev and Ms. Shipra Sonam for the Respondent.

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