Law4u - Made in India

Can a person seek a divorce if their spouse is mentally ill?

04-Jan-2024
Divorce

Answer By law4u team

Yes, a person can seek a divorce if their spouse is mentally ill. Mental illness is considered one of the grounds for divorce under various personal laws in India. The specific provisions may vary based on the applicable law, but in general, mental illness can be a valid reason for seeking divorce. Here are some key points to consider: Hindu Marriage Act, 1955: Under Section 13 of the Hindu Marriage Act, mental illness is recognized as one of the grounds for divorce. If a spouse has been continuously and incurably of unsound mind, or has been suffering from a mental disorder that makes it impossible to live together, the other spouse may seek a divorce. Special Marriage Act, 1954: The Special Marriage Act also recognizes mental illness as a ground for divorce. If a spouse is unable to fulfill marital obligations due to mental illness, the other spouse may file for divorce under this act. Divorce under Other Personal Laws: Similar provisions may exist under other personal laws applicable to different religious communities in India. It's important to consult the specific personal law relevant to the parties involved. Judicial Decisions: In addition to statutory provisions, judicial decisions in India have recognized the impact of severe and incurable mental illness as a valid ground for divorce. In such cases, the spouse seeking a divorce typically needs to provide evidence of the mental illness, and the court will consider the severity of the condition and its impact on the marital relationship. The court may also assess whether the mental illness is incurable and makes it impossible for the couple to live together as husband and wife. It's advisable for individuals considering divorce on grounds of mental illness to consult with a legal professional to understand the specific requirements and procedures under the applicable personal law and jurisdiction. Additionally, obtaining medical evidence and documentation of the mental illness can be important in supporting the legal case for divorce.

Divorce Verified Advocates

Get expert legal advice instantly.

Advocate Ashish Kumar Ahuja

Advocate Ashish Kumar Ahuja

Cheque Bounce,Civil,Criminal,Cyber Crime,Divorce,Domestic Violence,Family,Landlord & Tenant,Motor Accident,Muslim Law,Property,Recovery,Succession Certificate,

Get Advice
Advocate Biswajit Mandal

Advocate Biswajit Mandal

Anticipatory Bail,Cheque Bounce,Child Custody,Civil,Consumer Court,Court Marriage,Criminal,Cyber Crime,Divorce,Documentation,Domestic Violence,Family,High Court,Landlord & Tenant,Medical Negligence,Motor Accident,Property,Succession Certificate,Wills Trusts,

Get Advice
Advocate Abhimanyu Samarth

Advocate Abhimanyu Samarth

Anticipatory Bail, Arbitration, Breach of Contract, Cheque Bounce, Child Custody, Civil, Consumer Court, Corporate, Court Marriage, Criminal, Cyber Crime, Divorce, Documentation, Domestic Violence, Family, High Court, Labour & Service, Landlord & Tenant, Media and Entertainment, Medical Negligence, Motor Accident, Property, Succession Certificate, Trademark & Copyright

Get Advice
Advocate Ravi Rai Sharma

Advocate Ravi Rai Sharma

Anticipatory Bail, Cheque Bounce, Child Custody, Civil, Court Marriage, Criminal, Cyber Crime, Divorce, Documentation, Domestic Violence, Family, High Court, Property, Recovery, Succession Certificate, Supreme Court, Wills Trusts, Revenue

Get Advice
Advocate Surender Sihag

Advocate Surender Sihag

Anticipatory Bail, Cheque Bounce, Court Marriage, Divorce, Domestic Violence, Consumer Court, Banking & Finance, Civil, Family, Revenue, Recovery, Motor Accident, Labour & Service, Insurance, Criminal, Child Custody, High Court, R.T.I, Succession Certificate, Supreme Court

Get Advice
Advocate Kameshwar Mahto

Advocate Kameshwar Mahto

Anticipatory Bail, Criminal, Cheque Bounce, Civil, Family, Insurance, Court Marriage, Divorce, Domestic Violence, High Court, Breach of Contract, Revenue, Arbitration, Cyber Crime, Muslim Law, Motor Accident

Get Advice
Advocate Aa Raju

Advocate Aa Raju

Cheque Bounce, Anticipatory Bail, Banking & Finance, Breach of Contract, Child Custody, Civil, Consumer Court, Criminal, Divorce, Domestic Violence, Court Marriage, Family, High Court, Landlord & Tenant, Motor Accident, Property, Succession Certificate, Revenue

Get Advice
Advocate Narasimhachar M K

Advocate Narasimhachar M K

Anticipatory Bail, Arbitration, Cheque Bounce, Civil, Consumer Court, Criminal, Cyber Crime, Divorce, Domestic Violence, Family, High Court, Motor Accident, Armed Forces Tribunal, Banking & Finance

Get Advice
Advocate Ranjeet Karsarpe

Advocate Ranjeet Karsarpe

Anticipatory Bail, Arbitration, Cheque Bounce, Court Marriage, Criminal, Divorce, Domestic Violence, Family, Motor Accident, Succession Certificate

Get Advice
Advocate Manidharan G

Advocate Manidharan G

Anticipatory Bail, Cheque Bounce, Criminal, Divorce, Domestic Violence, Family, Motor Accident

Get Advice

Divorce Related Questions

Discover clear and detailed answers to common questions about Breach of Contract. Learn about procedures and more in straightforward language.