The Patna High Court has held that mere allegations of a mental disorder such as schizophrenia cannot justify a plea for divorce unless it is proved that the disorder is of such a kind and degree that the partner cannot reasonably be expected to live together.

This ruling was delivered in an appeal preferred by husband against a Family Court order rejecting his plea for annulment of marriage under Section 13(1)(ia) and (ib) of the Act on grounds of cruelty and desertion. As per the appellant-husband, respondent-wife displayed abnormal behaviour, was diagnosed with schizophrenia, and had a permanent disability in her leg. He further claimed that she had physically attacked him without cause and left the matrimonial home one year after marriage without any allegations, executing documents in her own handwriting agreeing to dissolve the marriage.

The wife, in her written statement, denied all such allegations of mental condition and refuted the claim that she had executed any documents consenting to dissolution of the marriage or that she was being counseled by any psychiatric.

The Family Court had dismissed the case, finding that the husband failed to prove cruelty or desertion, and that he had not produced any documentary or medical evidence to show that the wife suffered from schizophrenia or any leg defect.

Affirming the Family Court’s decision, the High Court observed that the husband failed to substantiate his claims, “The appellant did not produce the medical documentary and oral evidence of the doctor who is treating schizophrenia of the respondent-wife. Also, the appellant-husband has also failed to prove the defect in leg of the respondent as she freely moved before learned Family Court.

 In this way, all the allegation made by the appellant in the divorce petition lacks ingredients of Section 13(1) (ia) and (ib) of the Act.” The Court concluded that the appellant had deserted the wife and was attempting to take advantage of his own wrong, “Additionally, no specific plea regarding cruelty has been made, and vague allegations cannot constitute a ground for divorce. Furthermore, the appellant himself abandoned the respondent-wife cannot take advantage of his own wrong to seek relief. The appellanthusband having deserted the responded-wife, cannot claim divorce on grounds of cruelty or other allegations when he himself is at fault.” The appeal was accordingly dismissed, and the judgment of the Family Court was affirmed.

 Case Title: Sanjay Kumar Shaw vs Smt. Anjali Kumari Shaw