HindustanTimes Mon,21 Apr 2014

Mental disorder can’t be sole reason for divorce, says SC

HT Correspondent , Hindustan Times  New Delhi, September 23, 2013
First Published: 02:19 IST(23/9/2013) | Last Updated: 02:22 IST(23/9/2013)

A spouse suffering from mental disorder cannot be the sole ground for dissolution of marriage, the Supreme Court has held.


A bench headed by justice GS Singhvi said divorce can be granted only if the illness is of such nature that it is difficult to live together. Turning down the plea of a man seeking divorce on the ground his wife was suffering from schizophrenia, the bench said the existing Hindu Marriage Act (HMA) did not make existence of a mental disorder of any degree sufficient to grant divorce.

“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,” said the bench, upholding the Andhra Pradesh HC’s verdict that had set aside the trial court order to grant divorce to the doctor couple.

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