The Supreme Court of India has ruled that a divorce cannot be granted on the sole grounds that a spouse is suffering from mental disorder.
According to the bench, headed by justice GS Singhvi, a divorce can only be granted if a party shows that the mental disorder is of such a nature that it is difficult to live together.
The ruling came after a man had appealed to the Supreme Court, seeking divorce from his wife as she was suffering from schizophrenia. The bench said that there was no provision in the Hindu Marriage Act (HMA) for the existence of a mental disorder of any degree to be sufficient to grant divorce.
"This court cautioned that Section 13 (1) (iii) of HMA does not make a mere existence of a mental disorder of any degree sufficient in law to justify the dissolution of marriage", the bench ruled.