If you are in Hindu marriage, 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.0