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.