The Patna High Court has ruled that a husband cannot seek divorce merely by alleging that his wife suffers from a mental disorder such as schizophrenia, unless it is proven that the illness is so severe that living together becomes impossible.
The ruling came in an appeal filed by the husband against a Family Court order that had rejected his divorce plea under Section 13(1)(ia) and (ib) of the Hindu Marriage Act on grounds of cruelty and desertion.
Case Background
The husband alleged that his wife displayed abnormal behaviour, was diagnosed with schizophrenia, and also had a permanent leg disability. He claimed that she attacked him without cause, left the matrimonial home one year after marriage, and even wrote documents agreeing to dissolve the marriage.
However, the wife denied all these allegations in her written statement. She refuted claims of mental illness, denied executing any such documents, and stated that she had not been under psychiatric treatment.
Court’s Findings
The Family Court had earlier dismissed the case, holding that the husband failed to prove cruelty or desertion. No medical records or testimony of a doctor were submitted to prove schizophrenia or physical disability.
Upholding this decision, the Patna High Court observed that the husband did not provide any credible evidence. The Court noted:
- The husband failed to prove schizophrenia or any leg defect.
- Vague allegations of cruelty without specifics cannot justify divorce.
- The husband himself abandoned the wife, which means he cannot take advantage of his own wrong to seek divorce.
The Court concluded that the allegations lacked the legal requirements of Section 13(1)(ia) and (ib) of the Hindu Marriage Act and dismissed the appeal.
Case Title: Sanjay Kumar Shaw vs. Smt. Anjali Kumari Shaw
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