Hindu Marriage and Mental Illness

Last updated on Apr 8, 2022

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.

How useful was this post?

Click on a star to rate it!

Average rating 5 / 5. Vote count: 1

No votes so far! Be the first to rate this post.

Please share your feedback about this post!

Sharing feedback will help us improve our content. Tell us how!

If you want to keep your feedback confidential, please mention it in your feedback. If you have a question, please ask us in the comments or Ask Nyaaya sections.


Atulkumar Patani

April 21, 2024

Adequately explained

Leave a Reply

Your email address will not be published. Required fields are marked *

Have a question you want to ask our legal experts?

Related Resources

Divorce by Mutual Consent under Hindu Marriage Law

If neither you nor your spouse want to continue the marriage, you have the option to apply for a divorce by mutual consent.

One Spouse wants a divorce under Hindu Marriage Law

Sometimes in a marriage you may want a divorce due to certain circumstances. You can file for divorce only after one year of marriage.

Conversion of religion from Hinduism

You can file for divorce if your spouse has undergone conversion to another religion and has ceased to be a Hindu.

Temporary Separation in Hindu Marriages

Apart from divorce, you and your spouse can even opt for a decree of judicial separation to better understand if you want a divorce.

Proof of Divorce under Hindu Marriage Law

The proof that your divorce has happened is the Court’s final order known as ‘decree of divorce’. This is in the form of an order.

Reconciliation during divorce proceedings under Hindu Marriage Law

In all family law cases, Courts encourage an attempt for reconciliation between the spouses. There are three kinds of reconciliation methods.