Claims Of Wife's Mental Illness Must Be Proved Through 'Cogent Evidence': Jharkhand High Court Denies Husband's Plea For Divorce

The Jharkhand High Court has held that a claim of spouse's mental illness as a ground for divorce under Section 13(1)(iii) of the Hindu Marriage Act, 1955 must be backed by "cogent, tangible and reliable evidence." A division bench of Justice Sujit Narayan Prasad and Justice Rajesh Kumar observed that in the absence of documentary proof such as a psychiatrist's opinion or records of continuous treatment, mere allegations cannot justify the dissolution of marriage.Section 13 of the Hindu Marriage Act, 1955 provides grounds for divorce available to both husband and wife. Sub-section (iii) thereof provides incurable unsoundness of mind or mental disorder (including mental illness) to an extent that the partners cannot reasonably be expected to live together, as a ground."...except the vague and omnibus allegations made by husband against his respondent-wife, no cogent convincing, clinching evidence, no concrete documentary evidence has been led to substantiate the charges of cruelty, desertion and mental illness. The onus to prove the grounds taken for divorce squarely rests on the husband which are required to be discharged by leading a cogent, tangible and reliable evidence," the Court observed. The Court was dealing with husband's appeal against denial of divorce by Family Court on grounds of cruelty, desertion, and mental illness of his wife. The High Court after going through the testimonies and cross-examinations of both sides, found, “Though cruelty, desertion as well as his wife's status of being an individual having an unsound mind has been pleaded by him in his petition, but no cogent evidence has been produced by him to prove these allegations.”Further, the Court took note of the wife's own statement whereby she had stated, “she is too keen and desirous to lead a familial blissful marital life with the petitioner husband and she would always give all love, respect, regard, care and her services as a dutiful wife all through her life and she would never ever breach these future commitments to her husband and the in-laws.”On the husband's claim of his wife having mental illness, the high court said the family court had categorically held that no documentary evidence has been adduced by the husband "in order to prove the mental illness of OP- wife" and hence the issue was decided against him. "Further, the burden to prove mental disorder mentioned as second part of the aforesaid provision or the burden to prove incurable unsound mind lies on the party who seeks to use the ground. In the instant from perusal of record as well as impugned order it is evident that no concrete evidence like psychiatrist opinion or prescription of continuous treatment has been led by the appellant husband in this regard. It needs to refer herein that Psychiatrist is an expert but in view of provision of section 45 of the Evidence Act, it is up to the Court to either rely on the opinion or to refuse to do so....In such a case the evidence of other witnesses or the circumstances which relates to the behaviour of the respondent can be considered by the Court as that can help strengthening the opinion or create probability that the opinion has no justification and it is weak," the court said. The high court thus upheld the Family Court's findings and dismissed the husband's appeal.Case Title: X v/s YLL Citation: 2025 LiveLaw (Jha) 54Click Here To Read/Download Order

Claims Of Wife's Mental Illness Must Be Proved Through 'Cogent Evidence': Jharkhand High Court Denies Husband's Plea For Divorce

Bhavya Singh

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