Sage-Tips

Is mental illness grounds for divorce?

Mental illness can be a legal defense against some of the criminal charges but these rules are not applicable as far as divorce cases are concerned. Your divorce is not assessed on the basis of mental illness of your spouse. Neither you nor your spouse can avoid a certain divorce by pleading mental health issues.

Is mental illness grounds for divorce in India?

Mental illness of a person itself is not a ground for divorce; according to law, if a person has mental disorder of a kind that the spouse cannot be reasonably be expected to live with them, then divorce may be granted.

What are the grounds for declaration of nullity of marriage?

The grounds for annulment of marriage must have been existing at the time of marriage, and include lack of parental consent (FC, Article 45[1]), insanity (FC, Article 45[2]), fraud (FC, Article 45[3]), duress (FC, Article 45[4]), impotence (FC, Article 45[5]), and serious and incurable sexually transmissible disease ( …

Can I divorce schizophrenia?

Temporary ill-health including schizophrenia, a mental illness, which is curable, cannot be a ground for divorce under Section 13 (1) (iii) of the Hindu Marriage Act, the Supreme Court has held.

Do schizophrenics marry?

The year-long study carried out by psychiatrist Dr Vikas Deshmukh of the civic-run hospital has shown that a fairly high-70\% of schizophrenia patients out of 101-had tied the knot, and have been married for between five and 15 years.

How do you prove marriage nullity?

Procedure to Obtaining Decree of Nullity of Marriage The petition should be presented before the court (Concerned courts under different personal laws: Under the Hindu Marriage Act, 1955 and Special Marriage Act, 1954 Family court or city civil court decides the matter.

Who can file a petition for nullity of marriage?

Under Section 18 of the Indian Divorce Act, 1869, any husband or wife can move to the District Court or to the High Court by filing a petition that his or her marriage may be declared as null and void. Section 19 of the act provides for the grounds for passing such a decree of nullity of the marriage.

Can you stay married to a schizophrenic?

Often, people with schizophrenia who are married met their partner before being diagnosed with the condition. Single people who have schizophrenia, however, “tend to stay single,” he says.