The Patna High Court recently upheld a Family Court's decision that denied a husband’s plea for divorce on the ground that his wife allegedly suffered from schizophrenia. The court clarified that a mental disorder such as schizophrenia can only be a ground for divorce if it is so severe that the spouse seeking divorce cannot reasonably be expected to live with the partner.

“Section 13(1)(iii) of the Act does not make mere existence of a mental disorder of any degree sufficient in law to justify dissolution of marriage,” the Division Bench observed.

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The judgment was delivered by a Division Bench consisting of Justice Sunil Dutta Mishra and Justice P. B. Bajanthri, while hearing Miscellaneous Appeal No. 1152 of 2018. The appeal was filed by Sanjay Kumar Shaw challenging the Family Court's decision rejecting his petition under Section 13(1)(ia) and (ib) of the Hindu Marriage Act, 1955, citing cruelty and desertion.

The appellant claimed that his wife, Anjali Kumari Shaw, displayed abnormal behavior soon after their marriage in 2005. He further alleged that she suffered from schizophrenia and had a permanent leg disability. According to him, she physically attacked him without cause and left the matrimonial home about a year after marriage. He also claimed she agreed to dissolve the marriage and executed documents stating so.

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In contrast, the wife denied all allegations. She stated that the marriage was arranged after both families met and agreed. She firmly rejected the claim of any mental disorder, leg disability, or violent behavior. She also asserted that she never signed any documents agreeing to a divorce and denied any psychiatric treatment.

The Family Court had earlier dismissed the divorce plea, stating that the husband failed to present any documentary or medical evidence to support his claims of mental illness or physical disability. Additionally, the court noted that the husband himself had not been subjected to cruelty nor had the wife deserted him.

“The appellant did not produce the medical documentary and oral evidence of the doctor who is treating schizophrenia of the respondent-wife,” the court said.

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The High Court emphasized the need for concrete proof when alleging mental disorder as a ground for divorce. It referred to the Supreme Court’s rulings, particularly the case Ram Narain Gupta v. Smt. Rameshwari Gupta, which clarified that the mental disorder must be of such a nature and intensity that living together becomes unreasonable.

“All mental abnormalities are not recognized as grounds for grant of decree. The burden of proof of existence of requisite degree of mental disorder is on the spouse who bases his or her claim on such a medical condition,” the judgment noted.

Furthermore, the High Court referred to multiple Supreme Court rulings that highlighted how mere diagnosis of a disorder like schizophrenia is not enough. It must be shown through substantial medical evidence that the illness is severe and persistent to such an extent that marital life is not feasible.

In the present case, the High Court concluded that the husband had failed to prove his allegations. No medical expert was presented in court, and there was no evidence to establish schizophrenia or any physical impairment. The wife also appeared in court and was observed to move freely, contradicting the claim of a leg disability.

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The court also criticized the vague nature of the husband's allegations of cruelty and mental illness. The judges highlighted that a person who himself deserts the spouse cannot claim divorce on the grounds of cruelty.

“Additionally, no specific plea regarding cruelty has been made, and vague allegations cannot constitute a ground for divorce. Furthermore, the appellant-husband having deserted the respondent-wife, cannot claim divorce on grounds of cruelty or other allegations when he himself is at fault,” the bench ruled.

After a thorough review of the facts and evidence, the High Court dismissed the appeal and affirmed the Family Court’s judgment.

Case Title: Sanjay Kumar Shaw vs Smt. Anjali Kumari Shaw