Bombay High Court: Refusing to grant divorce to a woman on the ground that her husband was suffering from schizophrenia, a bench comprising of Hon’ble V.K. Tahilramani and V.L. Achilya, JJ, held that mental disorder of a husband even if proved, cannot, by itself, warrant a decree of divorce and it must be further proved that it is of such a nature as the wife could not be expected to live with the husband. The Court observed that the respondent-husband had denied that he was suffering from any such mental illness and according to him he was taking medication as he was suffering from stress and sleeplessness. The Court noted the husband had been cross-examined at length and the averment of the respondent that he did not suffer from paranoid schizophrenia had not been dislodged in the cross-examination. The Court further noted that the respondent had also stated that he had not inflicted any mental or physical cruelty upon the appellant by abusing or beating her. The Court ruled that the evidence of the respondent-husband showed that there was minor wear and tear of their married life and mere branding of a person as schizophrenic, therefore, would not suffice. It is a settled law that a decree of divorce cannot be granted on minor wear and tear of married life, therefore, the appellant was not entitled to get the decree of divorce on the ground of cruelty and mental disorder of the respondent as per Section 13(1)(i-a) and 13(1)(iii) of the Hindu Marriage Act, 1955, the court held. [Hemali Bindesh Kelaiya vs. Bindesh Jayantila Kelaiya, FCA No. 136 of 2013, decided on January 21, 2014]
Posted on: Wed, 29 Jan 2014 04:58:52 +0000
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