Shop Onetouch 27 November 2021

mental disorder

one of my friend's wife suffering epilepsy
he had just six month complete of merrige
can he divorce her ?

what should he do ??

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Quick Summary

This discussion addresses whether epilepsy is a valid ground for divorce under Indian law, specifically the Hindu Marriage Act, 1955. While previously listed, epilepsy was removed as a ground for divorce in 1999. Therefore, a spouse cannot currently seek divorce solely based on their partner having epilepsy.

3 Replies

Dr. Jyothi Vishwanath (Associate Professor of Law) 28 November 2021

yes. one of the grounds of divorce is mentally unsound. you can pursue that

Shop Onetouch 28 November 2021

is their any financial support that is provided to a spouse after divorce ????

Megha 21 January 2022

Hi,

The provisions of Hindu Marriage Act, 1955 (HMA) lay down 9 grounds for divorce available to both the spouses and 4 grounds available strictly to the wife. However, the word "Epilepsy" has been deleted from Clause (c) of Sub-section (ii) of Section 5 of the Act of 1955 with effect from 29.12.1999.

As a result of the above, epilepsy is no more a ground for divorce. In the case of Saraswati (Smt.) vs Shri Gopal the Rajasthan High Court while deciding on a divorce petition, subject matter of which was divorce, dismissed the appeal stating that the appeal has no force.

Best regards,
Megha