Divorce
Querist :
Anonymous
(Querist) 27 December 2011
This query is : Resolved
if the spouse is suffering from mental disease ,the husband is entitled to get divorce?
Devajyoti Barman
(Expert) 27 December 2011
Yes insanity is a ground of divorce but it is surely subject of proof.
Shonee Kapoor
(Expert) 27 December 2011
Yes, it can be ground for divorce.
HMA 13 (iii)
has been incurably of unsound mind, or has been suffering continuously or intermittently
from mental disorder of such a kind and to such an extent that the petitioner cannot reasonably be
expected to live with the respondent.
Explanation: In this clause-
(a) the expression "mental disorder" means mental illness, arrested or incomplete development of
mind, psychopathic disorder or any other disorder or disability of mind and includes schizophrenia;
(b) the expression "psychopathic disorder" means a persistent disorder or disability of mind
(whether or not including sub-normality of intelligence) which results in abnormally aggressive or
seriously irresponsible conduct on the part of the other party, and whether or not it requires or is
susceptible to medical treatment
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Sudhir Kumar, Advocate
(Expert) 28 December 2011
Vague query. It is not clear as to since how long theinsanity is. If the same has been condoned by the husband?
Advocate M.Bhadra
(Expert) 28 December 2011
No,this is not good ground to file a divorce suit if the mental diseases persist after the marriage,if it was previously and you should have on sufficient proof to file on this ground within one year of marriage.
Guest
(Expert) 28 December 2011
I agree with S/Shri Devajyoti and Sonee Kapoor.
prabhakar singh
(Expert) 28 December 2011
What is required to be proved for the purposes of Section 13(1)(iii) is that the respondent is not only suffering from mental disorder BUT also of such a degree and extent that the petitioner cannot reasonably be expected to live with her as her spouse.
Shailesh Kr. Shah
(Expert) 28 December 2011
It would be better to consult doctor for treatment.
Deepak Nair
(Expert) 28 December 2011
The extent of the mental illness is the deciding factor in many cases. You have to prove that the extent of mental illness is such that it is impossible to live with your spouse and there is danger to the life and property to you and other family members and also to your spouse herself, since there are cases of mental patients committing suicide or losing life in accidents which later becomes door to jail for the husband & family.
