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Times of India·3 min read·medium

Mental disorder alone cannot be a ground for divorce, Jharkhand HC rules

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TOI LEGAL DESK
Mental disorder alone cannot be a ground for divorce, Jharkhand HC rules
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The Jharkhand High Court ruled that a mental disorder alone is insufficient grounds for divorce under the Hindu Marriage Act. The court emphasized that the petitioner must provide medical evidence proving the condition makes it impossible for the couple to live together.

Why it matters

This ruling sets a legal precedent for divorce cases in India, protecting individuals from being unfairly divorced based on unproven or non-debilitating mental health conditions.

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NEW DELHI: The Jharkhand high court has ruled that the mere existence of a mental disorder cannot be a ground for divorce under the Hindu Marriage Act. The court held that a spouse seeking divorce must prove not only the existence of the illness but also that it is of such a nature and extent that the parties cannot reasonably be expected to live together.The bench made the observation on July 23 while dismissing a husband's appeal against a family court order refusing to dissolve his marriage on the grounds of his wife's alleged mental illness and cruelty.What was the dispute aboutAccording to the court order, the couple got married in June 2017.

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