‘Mere existence of mental disorder not ground for divorce’
23 Sep 2013 11:31 PM GMT
A spouse suffering from mental disorder cannot be the sole ground for dissolution of marriage and divorce can be granted only if the illness is of such nature that it is difficult to live together, the Supreme Court has said.
Explaining the provisions of Hindu Marriages Act (HMA), the court said that the law does not make a mere existence of a mental disorder of any degree sufficient to grant divorce.
A bench of justices G S Singhvi and V Gopala Gowda turned down the plea of a man seeking divorce on the ground that his wife is suffering from schizophrenia, saying medical report does not substantiate the claim.
‘This court cautioned that Section 13 (1) (iii) of HMA does not make a mere existence of a mental disorder of any degree sufficient in law to justify the dissolution of marriage,’ the bench said referring to its earlier verdict. It upheld the Andhra Pradesh HC’s decision which had set aside the trail court order to grant divorce to the doctor couple.
Explaining the provisions of Hindu Marriages Act (HMA), the court said that the law does not make a mere existence of a mental disorder of any degree sufficient to grant divorce.
A bench of justices G S Singhvi and V Gopala Gowda turned down the plea of a man seeking divorce on the ground that his wife is suffering from schizophrenia, saying medical report does not substantiate the claim.
‘This court cautioned that Section 13 (1) (iii) of HMA does not make a mere existence of a mental disorder of any degree sufficient in law to justify the dissolution of marriage,’ the bench said referring to its earlier verdict. It upheld the Andhra Pradesh HC’s decision which had set aside the trail court order to grant divorce to the doctor couple.
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