Daijiworld Media Network - Ranchi

Ranchi, Nov 4: The Jharkhand High Court has dismissed a husband's appeal seeking divorce on grounds of cruelty and his wife's alleged mental illness, observing that marriage carries special significance in Indian society and that spouses must support each other through illness and difficult circumstances.

A division bench comprising Justice Sujit Narayan Prasad and Justice Pradeep Kumar Srivastava upheld the Chatra Family Court's September 7, 2024 order rejecting the husband's divorce petition under Sections 13(1)(ia) and 13(1)(iii) of the Hindu Marriage Act, 1955.

The High Court observed that allegations of unusual behaviour or suspected mental illness alone cannot justify dissolution of a marriage. Citing a Supreme Court judgment, it said mental illness must be established through expert medical evidence and that one or two instances of suspected mental disorder cannot form the basis for granting a divorce.

The court emphasised that marriage involves standing by one another during both favourable and difficult periods, including serious illness and hardship.

"Any person may have bad health; this is not their fault and, most times, it is not within their control. As in the present case, the respondent was unwell and was receiving treatment for the same. The illness had its fair share of problems. Can this be a reason for the appellant to abandon her and seek dissolution of marriage?" the court observed.

The couple married on January 31, 2016, and have a son. The husband, who served as a constable in the Central Industrial Security Force (CISF), was posted in Kota, Rajasthan.

In his divorce petition, the husband alleged that his wife's behaviour had been abnormal and aggressive since the early days of their marriage. He claimed that she would laugh without reason, talk to herself and appear before relatives without appropriate clothing.

He further alleged that her mental health condition had been concealed from his family before the marriage. The wife denied suffering from mental illness and accused her husband of harassing her over a demand for Rs 5 lakh in dowry.

After examining the evidence, the High Court found that neither the husband nor his witnesses had cited specific instances of physical violence, verbal abuse or harassment by the wife. It observed that the allegations were general in nature and unsupported by sufficient evidence.

The court also questioned the claim that the wife's alleged mental illness had been concealed before the marriage, noting that the husband's family had known her prior to the wedding.

The High Court clarified that mental illness can constitute a ground for divorce only when its nature and severity are such that it would be unreasonable to expect the spouse to continue living with the affected partner. Such a condition must be established through reliable expert medical evidence and not merely through isolated incidents or unusual behaviour.