Under the Hindu Marriage Act, divorce can be granted on the ground of “unsoundness of mind”. If one spouse has been incurably of unsound mind for a continuous period of at least two years immediately preceding the presentation of the divorce petition, and the other spouse finds it difficult to live with the mentally ill spouse, then the court may grant a divorce. The one requiring the divorce has to show the other spouse’s mental unsoundness, and the court may also ask for the medical evidence to prove the claim.
The Hindu Marriage Act, 1955 states that divorce can be allowed on various reasons, and one of them is “unsoundness of mind”. This ground is applicable when one spouse is incurably of unsound mind and has been so for a continuous period of at least two years immediately preceding the presentation of the divorce petition.
The Hindu Marriage Act provides that if a person, at the time of the marriage, is of unsound mind and incapable of giving valid consent to the marriage, then the marriage is voidable at the option of the other party. However, if the marriage has been consummated, it cannot be annulled on the ground of unsoundness of mind.
If, after the marriage, one of the spouses becomes incurably of unsound mind, the other spouse can seek divorce on the ground of unsoundness of mind. The person demanding the divorce has to show to the court that the other spouse has been of unsound mind for a long period of at least two years immediately before the divorce petition is presented.
To demonstrate the uncertainties of the mind of the petitioner, he should provide the proof such as the medical certificates or the expert opinions from the doctors who have examined the respondent. The court may also appoint a commission to examine the respondent and submit a report. If the court is satisfied that the respondent has been of unsound mind for the required period, and that the petitioner finds it difficult to live with the mentally ill spouse, then the court may grant a decree of divorce on the ground of unsoundness of mind.
It is necessary to point out that the Hindu Marriage Act has a wide meaning of “unsoundness of mind” which covers not only mental illness, but also mental disorder or disability, or any other mental condition that makes a person not to be able to take rational decisions or to live a normal married life. The Act also stipulates that the court has to consider all the aspects of the welfare of the child from the marriage and will make any kind of provisions in the decree which it thinks is just and proper.
Here are some hypothetical examples of divorce on the ground of unsoundness of mind under the Hindu Marriage Act:
A couple got married, but after a few years, the wife became so mentally ill that the doctors had to hospitalize her. She was diagnosed with schizophrenia and had to be hospitalized several times. Her condition did not improve, and the husband found it difficult to take care of her. After two years of continuous illness, he decided to file for divorce on the ground of unsoundness of mind.
A husband and wife got married, but soon after, the wife had a severe head injury in a car accident that left her with permanent brain damage. She became incapable of taking care of herself and needed constant supervision. The husband found it difficult to cope with the situation and, after two years of caring for her, decided to seek divorce on the ground of unsoundness of mind.
A couple got married, however, after a few years, the husband started to experience the symptoms of Alzheimer’s, a form of dementia. He slowly started being forgetful, confused, and hence he was not able to perform even the simplest tasks. The wife started to have a hard time taking care of him and she decided to go for a divorce on the basis of cognitive incompetence after two years of treatment.
In each of these scenarios, the spouse seeking divorce had to provide evidence to the court that the other spouse was of unsound mind for a continuous period of at least two years immediately preceding the presentation of the divorce petition. The court would then examine the evidence and consider the welfare of any child of the marriage before granting the decree of divorce.
To sum up, in the end, divorce on the grounds of unsoundness of mind is a lawful reason to seek divorce under the Hindu Marriage Act. The petitioner is required by the court to prove that the respondent has been of unsound mind for at least two years continuously before the filing of the divorce petition, and the petitioner is unable to live with the mentally ill spouse. If the court finds it necessary to be sure, it may issue a decree of divorce on this ground, considering the welfare of any child of the marriage.
Also read – https://indiankanoon.org/doc/826249/
