Mental illness is recognized as one such ground for seeking a divorce, regardless of whether the person suffering from the illness is the husband or the wife.
Under the Hindu Marriage Act, a Hindu woman can seek a divorce from her husband if he is suffering from a mental disorder that makes it impossible for them to live together. The act defines mental disorder broadly to include a range of conditions such as schizophrenia, bipolar disorder, severe depression, or any other mental illness that significantly impairs the individual’s ability to fulfill the responsibilities of marriage.
To seek a divorce on the grounds of the husband’s mental illness, the woman needs to prove that the mental disorder is of such a nature and intensity that it renders the husband unfit to continue the marital relationship. She may need to provide medical records, expert opinions, or other evidence to substantiate her claim.
It’s important to note that divorce laws can vary between countries, and the specific procedures and requirements may differ depending on the jurisdiction. The Hindu Marriage Act applies to Hindus, including Sikhs, Buddhists, and Jains, in India. In other countries, Hindus may be subject to different laws governing marriage and divorce.
If you or someone you know is facing such a situation, it is advisable to consult with a legal professional who specializes in family law to understand the specific laws and procedures applicable in your jurisdiction. They will be able to provide accurate and relevant advice based on the prevailing laws.