Hindu Marriage and Mental Illness

If you are in a Hindu marriage, the mental illness of your spouse can be a ground for divorce.

You can file for divorce if:

• Your spouse is suffering from any mental disorder that is not curable; or
• Your spouse has a mental disorder that occurs intermittently or continuously and this illness affects your capacity to live with them.

It is important to note that a few strong instances indicating a short temper and somewhat erratic behaviour on the part of your spouse may not amount to or be indicative of a mental disorder.

Divorce can only happen if your spouse’s mental disorder would lead to the behaviour of such a kind that you cannot reasonably be expected to live with him or her.

You can even ask the Court to direct your spouse to undergo a medical examination to ascertain that he or she is suffering from an unsound mind to prove your case.