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ApniLaw > Blog > Family > Marriage and Divorce > Mental Disorders Like Schizophrenia Not Enough for Divorce, Living Conditions Must Be Severe: Patna High Court
Marriage and DivorceNewsPatna High Court

Mental Disorders Like Schizophrenia Not Enough for Divorce, Living Conditions Must Be Severe: Patna High Court

Amna Kabeer
Last updated: April 14, 2025 12:35 pm
Amna Kabeer
2 months ago
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Schizophrenia Claim Fails to Justify Divorce


The Patna High Court ruled that merely alleging mental disorders like schizophrenia is not enough to justify divorce. The spouse seeking separation must prove the disorder is so severe that living together becomes unreasonable.
The court clarified that vague claims or unverified accusations of mental illness or cruelty cannot justify divorce under Section 13(1)(ia), (ib), or (iii) of the Hindu Marriage Act, 1955.

Contents
Schizophrenia Claim Fails to Justify DivorceCase Background: Husband Challenges Family Court DecisionPetitioner’s Stance: Mental Illness, Cruelty, and Desertion AllegedCourt’s Ruling: No Evidence, No DivorceFinal Verdict: Divorce Plea Rejected, Husband at Fault


Case Background: Husband Challenges Family Court Decision


A Division Bench of Justices Sunil Dutta Mishra and P. B. Bajanthri passed this ruling in an appeal filed by a husband. He had challenged the Family Court’s decision rejecting his divorce plea on grounds of cruelty and desertion.
He claimed that his wife behaved abnormally, had a leg disability, and was diagnosed with schizophrenia. According to him, she assaulted him and left the marital home after a year. He also said she had signed documents agreeing to end the marriage.


Petitioner’s Stance: Mental Illness, Cruelty, and Desertion Alleged


The appellant-husband argued that his wife’s schizophrenia and erratic behavior made cohabitation impossible. He alleged she was violent and unfit for married life. He further claimed she deserted him without reason and agreed to separate by writing it herself.


Court’s Ruling: No Evidence, No Divorce


The High Court found no merit in his arguments. It stressed that under Section 13(1)(iii), simply having a mental disorder isn’t enough for divorce. The disorder must be of such a kind and degree that living together becomes unreasonable.
The court noted that the husband failed to present any medical records or a doctor’s testimony to support the schizophrenia claim. It also observed that the wife moved freely before the Family Court, contradicting the alleged leg disability.
The judges highlighted that the husband failed to prove either cruelty or desertion. No valid documents or medical proof supported his claims. The Family Court had rightly dismissed the petition.


Final Verdict: Divorce Plea Rejected, Husband at Fault


The High Court upheld the Family Court’s decision. It found that the husband had deserted his wife and could not seek divorce based on vague and unproven allegations.
The court concluded that he was trying to misuse the law to his benefit. Since he failed to prove any valid grounds for divorce, the appeal was dismissed.

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TAGGED:DivorceGrounds for DivorceHindu MarriageHindu Marriage ActMental DisorderPatna High Court
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Next Article Section 11 - The Hindu Adoptions and Maintenance Act - Other Conditions For A Valid Adoption Section 11 – The Hindu Adoptions and Maintenance Act (HAMA) – Other Conditions For A Valid Adoption.
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