Divorce Denied After 18 Years of Separation: Mental Illness Allegation Not Enough, Says Patna High Court
The Patna High Court has ruled that a husband cannot get a divorce just by saying his wife has a mental illness like schizophrenia, unless it is clearly proven that the illness is so serious that they cannot live together.
This ruling came after Sanjay Kumar Shaw appealed against a Family Court decision that rejected his request for divorce from his wife, Anjali Kumari Shaw. He had filed for divorce under Section 13(1)(ia) and 13(1)(ib) of the Hindu Marriage Act, which deal with cruelty and desertion.
Sanjay claimed that his wife showed strange behavior, was diagnosed with schizophrenia, and had a permanent disability in her leg. He also said that she attacked him without reason and left the marital home just one year after their marriage. According to him, she had also signed documents agreeing to end the marriage.
However, Anjali denied all these claims. She said she was never diagnosed with a mental illness and never signed any papers agreeing to the divorce. She also said she was not receiving psychiatric counseling.
The Family Court had already dismissed the case earlier, saying Sanjay failed to give any medical documents or proof that his wife had schizophrenia or any leg disability.
The High Court agreed with this decision. It said that Sanjay did not present any medical reports or a doctor’s statement to support his claims. The court also noted that his wife appeared in court without any physical issues, which proved there was no leg problem.
The judges said that vague or general statements about cruelty are not enough for divorce. Since Sanjay had actually left his wife, he could not now ask for divorce by blaming her. The law does not allow someone to benefit from their own wrongdoing.
As a result, the court dismissed the appeal and upheld the earlier Family Court decision.
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