Patna High Court Rejects Husband’s Divorce Plea Despite 18 Years of Separation Due to Wife’s Mental Illness
The Patna High Court recently ruled that allegations of mental illness, such as schizophrenia, are not enough to justify a divorce unless it is proven that the disorder severely affects the ability to live together.
This decision came after a husband appealed a Family Court order that rejected his request for divorce under Section 13(1)(ia) and (ib) of the Hindu Marriage Act. The husband claimed that his wife had a mental illness (schizophrenia), a permanent leg disability, and had attacked him physically without cause. He also stated that she left their home a year after marriage and signed documents agreeing to dissolve the marriage.
However, the wife denied these allegations in her written statement. She refuted the claim of schizophrenia, denied signing any documents consenting to the divorce, and stated that she had never been treated by a psychiatrist.
The Family Court dismissed the husband’s case, stating that he failed to prove his allegations of cruelty or desertion. The court also noted that the husband did not provide any medical records or evidence to show that his wife suffered from schizophrenia or had a leg disability.
The High Court upheld the Family Court’s decision, stating that the husband failed to provide sufficient evidence. The court explained, “The appellant did not provide any medical records or testimony from a doctor treating his wife for schizophrenia. He also could not prove his wife had a leg disability, as she was seen moving freely in court.”
The court also pointed out that the husband himself had deserted his wife and was trying to benefit from his own wrong. The ruling further noted that vague accusations of cruelty are not sufficient grounds for divorce.
Ultimately, the High Court agreed with the Family Court’s decision to deny the husband’s divorce plea, affirming the ruling.
Case Title: Sanjay Kumar Shaw vs Smt. Anjali Kumari Shaw
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