Burden To Prove Insanity Of Spouse Is On Party Seeking Dissolution Of Marriage On Grounds Of Such Insanity: Allahabad High Court
The Allahabad High Court has held that in case dissolution of marriage is sought due to the insanity of a spouse, the spouse seeking dissolution of marriage must prove the existence of such insanity in the case of the other spouse.Marriage between the parties was solemnized in 2005 and they have lived separately since January 2012. Appellant-husband instituted a divorce petition under Section...
The Allahabad High Court has held that in case dissolution of marriage is sought due to the insanity of a spouse, the spouse seeking dissolution of marriage must prove the existence of such insanity in the case of the other spouse.
Marriage between the parties was solemnized in 2005 and they have lived separately since January 2012. Appellant-husband instituted a divorce petition under Section 13 of the Hindu Marriage Act alleging insanity and cruelty by the wife. Appellant provided medical test reports and prescriptions from Dr. S.B. Joshi as documentary evidence for proving their wife's alleged insanity. Respondent-wife provided her educational qualifications along with other documentary and oral evidence to show that she is well educated.
The Trial Court rejected the divorce petition on grounds of lack of proof regarding insanity. Appellant-husband approached the High Court against the order of the Additional District Judge, Court No. 1, Fatehpur.
Perusing Section 13(1)(iii) of the Act which provides insanity as a ground for divorce, the bench comprising of Justice Saumitra Dayal Singh and Justice Donadi Ramesh held that “the appellant was burdened to establish either that the respondent was incurably of unsound mind or that she had been afflicted by such a medical condition as may be described as a continuous or intermittent mental disorder of a kind in which the appellant may not be reasonably expected to live with the respondent.”
The Court observed that the explanation to Section 13(1)(iii) of the Act clearly defines what constitutes mental illness as “a medical illness involving arrested or incomplete development of the mind, psychopathic disorder or any other disorder or disability of the mind, including schizophrenia.” Further definition of psychopathic disorder has also been provided.
Observing that requirements to prove mental illness is strict under the Section, the Court held that the appellant never attempted to establish that his wife was incurably of unsound mind and that was the reason appellant had to live away from her. It was noted that the appellant had himself stated that the alleged illness was curable.
“Unless the pre-existing and irreversible mental condition of the respondent had been proven and unless by its very nature that condition was such as to give the appellant a reason to seek dissolution of his marriage under Section 13(1)(iii) of the Act, the fact thus proven remained extraneous to the grounds raised.”
The Court further observed that the appellant had not brought on record any expert opinion or medical test reports to prove insanity of the respondent-wife. The Court observed that the Trial Court had recorded findings that the parties lived a normal matrimonial relationship for seven years and that there was no evidence to doubt the findings of the Trial Court regarding alleged insanity of the wife.
Accordingly, the appeal filed by the husband was dismissed.
Case Title: Shiv Sagar v. Smt. Poonam Devi [FIRST APPEAL No. - 455 of 2013]