Is Spouse's Refusal To Acknowledge & Treat Mental Illness A Ground For Divorce? Supreme Court To Consider

The Supreme Court on Friday agreed to consider the legal question whether the refusal of a spouse to acknowledge a medical illness and undergo medical treatment for the same can amount to the ground of "cruelty" for divorce.

The bench of Justices Vineet Saran and Aniruddha Bose issued notice in a Special Leave Petition filed against Kerala High Court's order dated September 3, 2021, which granted a decree of divorce on the ground that the wife had refused to acknowledge her alleged mental illness and to get treated for the same. The husband had alleged that the wife suffered from Paranoid Schizophrenia but refused to take treatment accepting the medical ailment.

Aggrieved by the High Court order, the wife approached the Supreme Court. Issuing notice returnable within 6 weeks, the bench has stayed the operation of the High Court order.

"The disruptive behavioural disorder becomes 'cruelty' to canvass as a ground for divorce, not for the reason that it is attributed to the ailment one suffers, but for the reason, one refuses to acknowledge ailment and was unwilling to treat the ailment", the High Court had observed.

Averments In The Plea

"The High Court, in the impugned judgement, with respect, completely disregards the ratio and despite noticing the fact that the Petitioner (wife) is admittedly not suffering from any mental disorder, grants a decree of divorce on the ground that the Petitioner had refused to acknowledge her alleged mental illness and to get treated for the same. The impugned judgement, under these circumstances, is perverse, arbitrary and unjustified", the wife's petition stated.

It was also contended that her educational background as well as her work experience explained that she never suffered from mental disorder or even displayed any symptom and that the same was merely an allegation imputed by her husband to her.

Contending that the impugned judgement was perverse, arbitrary and unjustified, the plea said,

"It is a settled position of law that ailment of a spouse cannot be a reason to grant a decree of divorce, even if it results in unusual behaviour which is not expected in normal marital life. The very fact that a person, who is imputed with a mental disorder such as "Paranoid Schizophrenia", as is sought to be unfairly done in the case of the petitioner herein, i.e. the wife, who categorically denies suffering from any such mental disorder, is itself an act of cruelty and mental harassment meted by the husband."

The wife alleged that the husband and her in-laws from the very beginning of the marriage used to harass her and used to allege that she was mentally unstable. She pointed out that she is taking good care of the two daughters born in the wedlock and was maintaining good relationship with the neighbours.

The SLP was filed by Advocate Vipin Nair.

It may be noted that in a recent decision in a similar case, the Kerala High Court reiterated that refusal to undertake treatment for mental illness can be a ground for divorce.

Case Title: X v Y| Special Leave to Appeal (C) No(s).2994/2022

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