Mental Illness, Marriage, Divorce and Law [Law, Psychiatric illness and Divorce]

Law, Mental Illness, Marriage and Divorce

Mental illness of a person itself is not a ground for divorce; according to law, if a person has mental disorder of a kind that the spouse cannot be reasonably be expected to live with them, then divorce may be granted.

The mental disorder has to be of such extent that the partner cannot live with him/her. There are stages of severity and the court needs to decide, depending on the case in hand. The problem is that many of them working in the court are often not sensitized or sufficiently aware of mental health issues or severity or treatment related matters. However, the Apex court judgements revolve around whether the person with mental illness is capable of leading a married life

Divorces based on the mere presence of mental disorder is not the norm but the mental illness should be so severe to the extent that the petitioner cannot reasonably be expected to live with the respondent have been the clear stand of the Apex court's case laws in India

Psychiatrists may be called in to provide opinion regarding the presences of mental illness and severity of mental illness. However, determining unsoundness of mind can be a difficult issue, especially when made in retrospect.

In India arranged marriage is the norm. The concealment of prior history of mental illness from the prospective party and offer of handsome dowry facilitate the solemnization of marriage in the background of arranged marriage. After marriage when mental illness is discovered in the women, rejection is common. Various marriage laws - personal laws (such as e.g., Hindu Marriage Act, Special Marriage Act, etc.,) have put some restrictions on marriage of persons with mental illness, making the marriage voidable if illness is severe and chronic and disabling.

Issue becomes more complex, when mental cruelty dimension is added. The Supreme Court had examined the concept of legal cruelty in Dastane v Dastane (1975). In that case, the court held that the wife threatening she would end her life, and verbally abusing the husband and his father, among other acts, amounted to mental cruelty, and granted divorce to the husband. The courts have also given similar relief in other cases, including those of persistent drunkenness and repeatedly making unfounded allegations. If one spouse establishes extramarital affair with another lady/man, it is considered as an act damaging the foundation of the marriage and divorce is granted. And if one of the spouses makes such allegations and he/she fails to prove it, it is considered as an act causing mental pain to other spouse and considered as an instance of cruelty.

The relation between marriage and mental illness is indeed a very complex and multi-faceted one. Besides each influencing the outcome of the other, the matter also has legal, social, economical and moral dimensions associated with it.

[rosy]

Meri shadi ko 16 years ho gye
Mere husband ki shadi se phle sizophrenia ki medicine chal ri thi lekin ye bat chhupayi gyi maine apni study ko bhul kr unko time dia lekin aaj mujhe job k liye struggle krna padta h or hsbnd aaj bhi medicine lete h kam kuchh nii krte mere do bachche h kya kru bhot preshan hu

[ashishg]

Sir greatest video on youtube... kind off u saved my life... highly appreciated

[herehear]

If the person has past unresolved trauma and in laws are also adding to it, such that thw person has started developing anxiety and panic attacks...and now the person is on pills and visits therapist....can in laws later twist it to mental.illness and cause divorce complication?

[Shirsak]

What if Schizophrenia is suppressed during time of marriage by spouse's parents ? can it tantamount to fraud ?

[harigandi]

Great video Sir..
Your recommendations should mandate in the law.
Disclosure should be done before marriage.
Appreciated & thanks to create awareness and to understand better.

[YourPsychFriend]

Very nice video Sir clearing all concepts related to mental disorders and legal issues with marriage's.

[happymindludhiana]

Congrats dear Dr Suresh for an excellent presentation and simplifying this complex topic
Thanks
Dr rajeev Gupta
Ludhiana

[Satori]

Sir, I am suffering from mild-to-moderate case of Tourette Syndrome (Eye blinking tic, grunting tic (not too frequent - maybe three times in a day), and body jerk tic. YGTSS score varies between 20-35 out of 100. I am earning well, have a good degree, but I can't drive. Also, I do disclose about my condition to the prospective partner when I am meeting face-to-face.

Need to know am I unfit for marriage?

If I get married in the future, and let's say know, the wife (pre-informed prior to the marriage) now wants a separation, so will the courts decide against me i.e. will the marriage he considered as voidable?

Awaiting for your reply.

[ramjiwritings]

Wife filed a wrong case against husband and parents under 498A and 354A due to husband sczenophonie .

Court orders 6 months sentance.

Now the case is with High court, how to defend the case please suggest sir

[rohitmanohar]

Sir if a girl suffering from schizophrenia and my unable to react to even small thing like unable to smile in her marriage and later on husband came to that she is suffering from mental issue, at that this marriage is voidable?, Can we get divorce for this without alumini.

[Shirsak]

If physical illness like impotency or terminal disease can be a ground for divorce, why can't mental illness be a ground for divorce ?

[swatioberoi]

Thanku sir for such videos..🙏 waiting for more ahead

[debalinadey]

Sir does MDD and mild anxiety can consider as severe mental illness to law? With this depression and anxiety the person is working as an engineer also fulfill all duties to her family.

[bhavikavajawat]

Thank you sir, this video has been extremely helpful

[thamizhselvam]

I am facing same issue where the ground for dissolution of marriage matches one of the case you have cited here. How to get case number to get full details and cite them in court?

[lingrajbpattur]

Sir, What are the divorce rules governing spouse with personality disorder like Narcissistic Personality Disorder or Borderline Personality Disorder.

[Shirsak]

Professional excellence has absolute no connection with schizophrenia . Some schizophrenic people are intelligent and excel in their own professional field. But that doesn't mean they are fit for maintaining any relationship especially marriage. American mathematician John Forbes Nash Jr. also used to suffer from schizophrenia. He was a great mathematician and was a recipient of Nobel Prize for his famous Game theory. But her wife couldn't able to deal with his illness and divorced her within six years of their marriage. In India, a woman can easily get divorce from her spouse if her husband suffers from mental illness but vice versa is very tough .

[aa]

The one who is suffering with a schizophrenia wife, that man only know the hardships and hell that life becomes. This prof talks as if other normal people are going for divorce just because they came to know that their spouse is suffering from schizophrenia. Its not that. Day to day life becomes unbearable. This prof needs to understand this before making a single sided video.

[mallikaramakrishnan]

If we disclose the information what will happen

[IndianBoy]

If I have piles and hide this fact while marrying, can my spouse take divorce?