The issue was brought to light after a marital discord between a couple from Karnataka’s Dharwad taluk.
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In a landmark judgement, the Karnataka High Court has ruled that not all mental health ailments can constitute grounds for divorce. It further said that the mental health issue suffered by a spouse should be severe, incurable and recognised by Parliament for it to be considered as a valid ground for dissolution of marriage. “The ailments may come and go and some may stay with us. That per se cannot be a sufficient ground to seek decree for dissolution of marriage. If that were to be the ground for dissolution of marriage, the very institution of marriage would be unstable,” reads the order issued by a division bench headed by Justice Dixit. The issue was brought to light after a marital discord between a couple from Karnataka’s Dharwad taluk. A man by the name Hemanna was seeking to file for a divorce from his wife on the grounds that she suffered from a mental health problem. A doctor who cross-examined the woman deemed that her mental health condition would not come in the way of a normal marital life and that this could not be a ground for divorce. Hemanna claimed that his wife had been suffering from a mental health disorder and this had not been made known to him prior to getting married. The doctor who examined her, however, stated that her condition came to be after the birth of the couple’s second child and would not be a hindrance in their married life. Earlier, in the first week of April, the high court had asked the state government to submit a report on how the Rights of Persons with Disabilities Act (2016) and the Mental Health Care (MHC) Act (2017) were being implemented. Petitioners wanted the state to ensure that the MHC rules were implemented and followed aptly in addition to ensuring that institutions for mental health care were set up in all districts.
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